Legal Question in Personal Injury in California

Yesterday while walking, an older gentleman backed out of a parking spot and then proceeded to drive back into the stall while gasing it straight into a parking meter that I was behind with my mother and mother in law. After hitting the parking meter he hit 4 other cars, then was stopped by police around the block and admitted to everything. I happened to notice what was going on so I was able to push my mothers out of the way and get out of the way myself. Since yesterday, we have all been pretty shaken up with nightmares and my mother in law and I are in increased pain (we both have bad backs). Is there anything we can do?

Asked on 1/25/11, 9:30 pm

3 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

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The first thing you should do of course is retain an attorney. I would then get the police report and open a claim with the responsible party's insurance carrier. You have the right to recover for personal injury and emotional distress, but it's vital to properly document the injuries by consulting with appropriate medical experts. Your pre-existing back conditions make you both exceptionally vulnerable to these sorts of injuries; however, the insurance company will try to blame everything on your prior condition to deny you payment. I can help with that. For more information, call me toll-free at (877) LION-FOR-LAW (546-6367) or email me at [email protected]

Answered on 1/27/11, 5:51 pm

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David Lupoff Law Offices of David B. Lupoff

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My personal opinion is, your claim is a stretch.

If you were to witness a car running over a pedestrian who is killed, or a plane crash, or some other catastrophe, then I could understand how you would be emotionally harmed. However, we've all jumped out of the way of a moving car at some point in our lives and most of us do not suffer nightmares as a result.

Then the orthopedic complaints. If you were to make the orthopedic complaints by themselves, (and even this would be difficult), then your case might have some merit. But since you are trying to bundle in the emotional distress, it may hurt your overall credibility.

This is just my opinion of course, good luck.

Answered on 1/28/11, 9:09 pm

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