Legal Question in Personal Injury in California
Auto Accident caused nerve damage
After an auto accident (100% fault of other driver) last year I began to have extreme pain and numbing in my arm and hand. I now am told I have to have carpal tunnel surgery because I have severe nerve damage. Prior to the accident (appx. 1 1/2 years earlier) I had slight problems with my arm but not complete numbness and extreme pain. I was tested then for carpal tunnel and told I did not have it. Is it something I should try to have the insurance cover or partially cover. My doctor does not think it's something the insurance will consider since I had slight problems prior. I know there was a difference in my arm after the accident, it was like night and day. I believe the accident aggravated it, or sped up the process, and maybe they should handle some of the costs.
6 Answers from Attorneys
Re: Auto Accident caused nerve damage
The other person is responsible for all damages that they cause. Because you had a pre-existing problem, they are still responsible for the injury that you received after the accident. While I appreciate your doctor's advice, he is not an attorney. Just like you would not ask here for medical advice, your doctor should not be providing legal advice.
You can read about what the insurance company owes you here: http://www.calpiblog.com or listen to it here: http://www.personalinjurypodcast.com.
Re: Auto Accident caused nerve damage
It seems to me that your pre-existing condition has been aggravated by the accident. Under egg-shell theory of tort law you are still entitled to compensation even if you had pre-existing condition. In addition, I had a few cases that expert opinion showed that even carpel tunnel can be aggravated and even may be caused by a force of impact after an accident. Call my office at 213.388.7070 for furtehr discussion and a free consultaion.
Re: Auto Accident caused nerve damage
You should immediately talk in-person with an personal injury attorney. Certain statutes of limitation apply and if you delay, you might lose your right to recover any money from the auto accident.
Re: Auto Accident caused nerve damage
You should pursue recovery against the negligent driver of the car. The driver would be responsible for all damages proximately caused. That's the legal language. If you had symptoms before the accident, the defense would include that in its argument to limit the amount of your damages. However, the driver would remain liable for the exacerbation of the symptoms and injury. It's a version of the "egg shell" plaintiff theory.
Let us know if you would like our help. Don't delay, however, as the statute of limitations may be expiring immediately or in the near future, depending on the date of your accident.
Re: Auto Accident caused nerve damage
Trying to speak with the other driver's insurance company would be of no help. The best action that you should take at this point is to hire an attorney to protect your interest. Remember, insurance compainies only care about their own interest and if given the opportunity to not pay a claim, they will take it.
Please feel free to contact my office for further assistance.
Re: Auto Accident caused nerve damage
Trying to speak with the other driver's insurance company would be of no help. The best action that you should take at this point is to hire an attorney to protect your interest. Remember, insurance compainies only care about their interest and if given the opportunity to not pay a claim, they will take it.
Please feel free to contact my office for further assistance.
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