Legal Question in Personal Injury in California
Accident Injury
If you are injured by a third party and awaiting a settlement, and as a result of said injury you fall and hurt yourself much worse, can damages for the second injury be sought?
2 Answers from Attorneys
Re: Accident Injury
Yes, you can. Even people without any prior injury will have varying degrees of agility, health and fitness. We have a saying "you take your victims as you find them." What this means is that disabled and weak people have every right to use sidewalks, etc.
As long as the person in the new accident was negligent and his negligence was a cause of the accident, it is irrelevant that you already had an injury. He is responsible for any losses for the WORSENING of your condition. You do not charge the first negligent person for the new injuries though.
Re: Accident Injury
Probably, if you have not waived your rights , and you need to prove it is a result of the first injury.
Best,
Daniel Bakondi, Esq.
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