Legal Question in Personal Injury in California

Personal Injury Auto Accident

Facts: I am the injured party, suffering whiplash, TMJ whiplash associated dissorder and exacerbation of preexisting cervical spine injury resulting in need for surgery. I have been disabled as a result of the MVA and unable to pay for medical services recommended by Dr. Can I collect special and general damages for medical services needed but not yet rendered do to financial incapacity inflicted by culpable party? If so, please cite legal or other authority.

Thank you,

Pro Per.


Asked on 1/15/08, 3:38 pm

3 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Personal Injury Auto Accident

I need more facts. Do you know the policy limit of the carrier of the driver. If the policy limit is $15,000 and you have past medical bills substantially exceeding this amount, then you may be able to recover future medical specials. Call us at 213.388.7070 for a free consultation.

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Answered on 4/12/08, 2:01 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Personal Injury Auto Accident

Follow Mr. Hoffman's advice!

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Answered on 4/12/08, 2:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Personal Injury Auto Accident

Yes. The fact that you haven't finished your treatment yet is irrelevant, as is the fact that the delay is due to financial problems.

Plaintiffs often need years of treatment and must sue while it is still going on. If they can prove what treatment they will need and establish its reasonable cost, then it will be factored into the damages award. Your situation is a bit different, but I don't think the difference is big enough to deprive you of these damages.

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Answered on 4/11/08, 9:44 pm


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