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?
5 Answers from Attorneys
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.
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.
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
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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.
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.