Legal Question in Personal Injury in California

Rights for action in auto accident?

My brother was at a dead stop in a line of traffic on an exit ramp from a highway when a car rear-ended them at approximately 45 - 50 mph. (she didn't realize cars had stopped) His car is nearly totalled and so is the driver's car (who hit him). She acknowledged fault; police took report. It was also reported to ins company. Minor back (whiplash) injuries were suffered of all passengers in my brother's vehicle, except himself. What cause of action justifies filing suit? If not him, can the passengers for their medical bills and physical injuries? Please advise.


Asked on 8/28/03, 7:40 pm

9 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Rights for action in auto accident?

The other driver's insurance company should take care of the passenger's medical bills, pain and suffering, and lost earnings. A lawyer should be able to assist in maximizing their recovery short of filing a lawsuit. Please note, certain laws limit the time in which a lawsuit can be filed. Contact a lawyer, especially if it's been a while since the accident.

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Answered on 8/28/03, 9:16 pm
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Rights for action in auto accident?

Your brother is entitled to damages for his injuries, medical bills, property damage and missed work, as are all passengers. All of them should get checked out ASAP by a qualified medical provider to make sure they are not too seriously hurt. An experienced attorney will maximize recover for your brother and his passengers. Please feel free to have him call me at (714) 835-7000 and I will be glad to talk with him about it. Thanks for your question and good luck. PS: There are strict legal timelines so your brother should consult with someone as soon as possible.

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Answered on 8/28/03, 9:56 pm

Re: Rights for action in auto accident?

Any party that was injured in the accident has a cause of action against the party that negligently caused the injuries. The compensation everyone is entitled to includes their medical bills, lost earnings (if any), pain and suffering and any other damages related to the injuries incurred in the accident.

I would be happy to discuss this matter with you.

J. Caleb Donner

LEGAL WARRIORS(R)

www.legalwarriors.com

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Answered on 8/28/03, 10:11 pm
Joseph Richardson Borton Petrini LLP

Re: Rights for action in auto accident?

You should all have claims against the Defendant. You should have an attorney start to pursue your claim for you as soon as possible. Please give me a call if I can be of service.

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Answered on 9/01/03, 10:33 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Rights for action in auto accident?

He does have a right to sue for the property damage, medical bills, and any pain and suffering--he should first make a claim with the other party's insurance company, but be aware that there's a time limit for filing a suit (6 months for government entity, and either 1 or 2 years for all others).

The other passengers have potential claims for medical bills and pain and suffering.

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Answered on 8/29/03, 12:03 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Rights for action in auto accident?

An attorney can maximize the recovery with or without suit. Other driver's insurance company should pay for all that is due. 800-685-6950

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Answered on 8/29/03, 12:30 pm
Terry A. Nelson Nelson & Lawless

Re: Rights for action in auto accident?

It's a classic personal injury case. All passengers and driver can bring action for any injuries and property damage. Contact me if interested in pursuing.

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Answered on 8/29/03, 1:13 pm
Jason Hsu Una Law Corporation

Re: Rights for action in auto accident?

It appears that you have a valid personal injury case for all the passengers.

We can most likely assist you with your case; yet, without more information regarding the facts of your case, it is difficult to evaluate the value of your case thoroughly. If you are in the northern or southern California areas, please contact us at www.unalaw.com if we can be of further assistance.

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Answered on 8/29/03, 3:36 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Rights for action in auto accident?

The cause of action would be for "negligence" in filing a lawsuit. But that may not be necessary--many cases can be settled out of court with the right attorney. The passengers can have a claim for their medical bills, wage loss and pain and suffering. If you are in the Orange County area, call me for a free consultation. I can handle the cases on a contingency fee basis--no money needed. Sam EAgle 714-963-5123.

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Answered on 8/29/03, 5:14 pm


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