Legal Question in Personal Injury in California

automobile accidents

I have had three car accidents in a year & 3month period. None of these were my fault however in all accidents my neck suffered an injury to the soft tissue. I now as a result am suffering with a possible irreversable problem, arthritis and a bone spur which is pressing on a nerve. I am in pain every day. My lawyer is really concerning me because he doesnt seem to feel we will be able to go after the driver at fault on jan 3rd and the rear end accident at the stop sign on the 25th of january? I don't see the problem, I had a re injury on the 3rd and now possible permenent damage from the accident on the 25th. I am still waiting for this guy to settle the claim from the accident in 2002. Is it possible that I am not a worthy recipiant of any compensation from these drivers? I hope that isn't true, I know I might never feel the same again, however they shouldnt be able to walk away without paying for some of my pain and suffering, right?


Asked on 8/03/04, 6:41 pm

5 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: automobile accidents

You are worthy but multiple accidents over a short period of time are difficult for doctors, lawyers and ins adjusters to evaluate. Where do you draw the line between accidents as to who is responsible? You need someone experienced to lay out/diagram all 3 cases with time lines, the medical care for each, the bills and the different insurance companies. Sometimes you'll combine the cases into one case--other times you'll handle them separately. I can't tell from the facts you've given. Have a serious talk with your atty. If you are in the Orange County area and the accidents happened here, I would help you go over things.

Read more
Answered on 8/05/04, 3:50 pm
Daniel King Law Offices of Daniel King

Re: automobile accidents

there certainly are complications which arise out of multiple accidents with similar injuries. there are issues as to apportionment between the accidents, (which is very difficult to sort out due to the proximity in time of all three incidents). your lawyer will need to work with your doctors to sort it all out and get proper reports with apportionment. there may also be issues as to insurance limits which may effect how you proceed.

please have your current attorney outline the situation fully. if he will or does not, you might want to contact another attorney for a consultation.

Read more
Answered on 8/04/04, 4:49 pm
Joel Selik www.SelikLaw.com

Re: automobile accidents

Multiple injuries present some difficult management issues, but it can be done. I have had good results with bringing one lawsuit for all cases.

JOEL SELIK

Attorney at Law

800-894-2889

760-479-1515

702-243-1930

Licensed to Practice Law in California and Nevada Only

CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS

Personal Injury, Contracts, Tax Matters, Business,

Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice

Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

Read more
Answered on 8/04/04, 5:22 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: automobile accidents

This situation is called subsequent independent tortfeasors. The first driver is responsible for the injury he or she caused, not that caused by the second or third. The second is responsible for the injury he or she caused. The fact that there was a preexisting injury does not excuse the second. The law says we take our victim as we find the victim. Sometimes this is called the thin skull doctrine. These are three independent cases. Why the 2002 accident has not already been settlement or tried to a jury, I don't know. But, your attorney is supposed to not only represent you but help you understand all that is happening. If you are not happy with your attorney, change. You can, at any time. Your existing attorney will be entitled to compensation from any recovery for the reasonable value of the services he rendered. This should typically come out of the compensation to the new lawyer.

Read more
Answered on 8/04/04, 5:51 pm
Ali Taheripour Law Offices of Ali Taheripour

Re: automobile accidents

Regardless of the multiple accidents, there is no such thing as an "unworthy recipient" for compensation. Basically, the law states that you take the victim, which would be you in this case as you find him/her. Regardless of your prior accidents, you attorney needs to be aggressive and not muddy the waters, but take each accident as a separate incident.

Read more
Answered on 8/05/04, 2:39 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California