Legal Question in Personal Injury in California

i have been throgh HELL with a HOA for over 1 1/2 years. last year it induced 2 serious heart attacks requiring a 4 level stent which failed and then an open heart by/pass. i currently have a law firm but their afraid to go after the heart procedures. is it possible to retain another firm to file for just compensation especially after the medical reports justify emotional stress/anxiety. i thank you in advance for any response...


Asked on 7/24/11, 11:57 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Yes, you can hire another firm, if you can find an attorney willing to take what sounds like a very difficult case.

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Answered on 7/24/11, 12:39 pm
Joe Marman Law Office of Joseph Marman

You will also have a difficult time in finding a doctor to come to court and testify that yoour heart attacks were a direct resutl of the HOA's activities.

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Answered on 7/24/11, 2:52 pm
George Shers Law Offices of Georges H. Shers

You have a difficult case for several reasons:

1. the medical connection between stress/tension and heart problems is unclear and many people in very stressful jobs do not suffer from heart problems;

2. you have to show that the acts of the HOA were unreasonable;

3. you have to show they knew or reasonable should have known that their actions could have lead to physical injury to you;

4. you have to show that you would not have needed the treatment you got because of the normal progress of the underlying heart disease;

5. you will have to pay in excess of $10,000-15,000 for expert testimony;

6. your medical insurance carrier may want to recover significant portion of the cost of the treatment from any amount the defendants pay you;

7. a jury will likely be disinclined to find in your favor;

8. few law firms want to risk that much money that they will have to advance you on a case that appears that weak.

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Answered on 7/25/11, 10:12 pm


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