Legal Question in Personal Injury in California
semi vs. semi accident in California
About a year ago, my husband was involved in an accident. He was rear-ended by another semi and was out of work for 9 days. He owns his own trucking business (carrier) and the driver who struck him was a truck driver from another company. Not only does he claim down-time (a loss of pay from his company) but also medical bills. Still to this day the dispute has not been resolved because the other insurance is playing games even though they admitted 100% fault. They don't want to pay the full down-time loss even though they have all proof and receipts to back it up-let alone the medical bills is pushed aside until the down-time is solved. He has had previous back problems in the past I admit, but nowadays his back is getting worse and worse and we think the accident has caused more damage even though it is a year later. Does my husband have a case to file with a PI attorney to see if his back are new injuries or pre-existing? The medical bills right now are around $2500.00 because at the time he was sore from just a whiplash. Now he can barely continue to drive his truck for long period of time and stopping more often. Can we get a settlement if his back has worsen (pinched nerve) or does pre-existing cancel that option?
7 Answers from Attorneys
Re: semi vs. semi accident in California
We would be happy to help. Your husband is entitled to compensation. We help accident victims such as your husband get everything they are entitled to. Please email me directly:
Re: semi vs. semi accident in California
Pre-existing conditions are factored into settlement through 'apportionment' of the old damage and the new. You'll have a fight on your hands to recover your various damages and claims, as always, when dealing with insurance companies. Feel free to contact me for the legal help you'll need.
Re: semi vs. semi accident in California
Since your husband's prior back pain has been aggravated, he is entitled to a reasonable settlement for his pain and suffering and loss of wages.Feel free to call us at 213.388.7070 to discuss your case.
Re: semi vs. semi accident in California
There are many issues involved with traffic accidents. The issue here is the alleged pre-existing condition to your husband's back. I would argue the "egg-shell" plaintiff theory which means that you take the plaintiff as you find them.
If you would like a free consultation, please feel free to contact us at 818.385.0520.
Re: semi vs. semi accident in California
He certainly has a claim for his medical bills and wage loss. The ins. companies are terrible with wage loss and try to cut it all the time. If your husband had pre-existing problems, that could make his claim worth more. But, you may have to file suit against the other driver. You definitely need an attorney. If you are in Orange County, please contact me.
Re: semi vs. semi accident in California
You are absolutely correct to suspect that your husband's prior back problems could be an issue. The defense will try to blame his pain on the earlier problem. You counter that with records indicating he had "fully recovered" from the prior problem before this new accident happened.
Some lawyers think prior problems are actually GOOD for your case! It makes what you call an "eggshell plaintiff"-- meaning, someone unusually vulnerable to injury. An eggshell is more likely to be hurt, and more seriously hurt, than your average person. That's tough luck for the defendant, because the law says: "you take your victim as you find him."
Your problem, however, will be in the rule that a plaintiff must always "mitigate his damages." You must prove that this one-year delay in seeking further treatment did not contribute to the condition getting worse! If it did, then the defendant will not be responsible for the pain that could have been avoided. A lot depends on finding out what exactly is going on in your husband's back. If he were my client, I would send him to an orthopedic surgeon and a neurologist right away, so they could take an MRI of his back and perform nerve conduction end EMG tests.
Lastly, don't forget: time is running out! You only have two years from the date of the accident! The clock is ticking, and you've waited MUCH too long in seeking legal counsel.
We are a VERY aggressive law office. I will beat ANY lawyer's fees by 10%! To get started, don't delay! Call 877-LION-FOR-LAW today!
Re: semi vs. semi accident in California
Do not worry about any pre-existing issue because the eggshell skull rule protects you and can make the other side liable even if your husband had back problems before. This is not the time to try to avoid paying fees to your own attorney. You need an attorney because having one will often mean much more in recovery than without, even after paying attorneys fees. I have experience with personal injury and can help if you would like to contact me.
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this attorney, or any communication from this attorney, and nothing constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
