Legal Question in Personal Injury in Ohio

car accident in different state

I was hn a car accident 3 years ago in S.C and the girl was cited. I live in ohio and have a lwsuit going hoever the lawers are saying that if i cannot get my doctors to agree to come to S.C from Ohio to testify for free then they cannot proceed due to not having subpoena power in ohio. they told me that i could pay$10,000-20,000 for a medical expert up front or the depositions however if i cannot afford this they will not try the case. I am wondering if there is anything else i can do and if this is true. i just hope i have not aid 13,000 in bills so far and have damage to my brain that I have to live with without being helped to pay for these bills. please help


Asked on 2/28/09, 5:35 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Re: car accident in different state

Your doctors in Ohio are not required to come to S.C. to testify eventhough they have a duty to cooperate with your attorneys. They can charge for their time to give a deposition to be used at trial. Unfortunately that can be expensive and depending on the amount of insurance coverage that the girl has (and any underinsured coverage you might have)you might have a situation where the cost of proceeding with the case may exceeed the potential recovery. Look at the contract you signed with the attorneys to determine if you are responsible for the costs for the depositions or whether they are obligated to advnance the costs. It sounds like you should talk to another attorney in the S.C. area to see if everything is being done properly but there are situations where the injury value due to the harm caused by the accident can't be fully compensated for due to the limits of insurance coverage and that might be the case in your situation. Good luck.

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Answered on 3/01/09, 2:43 pm


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