Legal Question in Personal Injury in California

Egg shell theory Or How to preclude Ins Co. from claiming pre-existing Condition

I had car wreck, 1975 with fractured skull, arm requiring surgery, but NO injury to back/neck. 1980 car wreck with 4 broken bones: 2 ribs, pelvic and pubic, but NO injury to back/neck. Car wreck 10 months ago with no apparent injuries but went to ER 5 hours later due to stiff neck. Condition worsened, diagnosed with spondylosis, cervicle stenosis, kyphosis and early myelopothy. Surgery 6/26/00 of 2 discs and 1 vertebrae removed; cadaver bone replacing vertebrae and plate put in. Can't get doctors to pin problems on last accident, but I had NO PROBLEMS until last car wreck. what is ball park $ for this size case, What are chances of pre-existing conditions affecting settlement, dissatisfied with my attorney: today I told them for the FOURTH time I had past wrecks, can attorney take $ from a trust account or can maybe IRS? my attorney has tax liens $75,000, and various other liens including UCC, small claims, and civil totalling ??? HELP


Asked on 7/17/00, 9:15 pm

2 Answers from Attorneys
Jeffrey Zinder Zinder & Koch

Re: Egg shell theory Or How to preclude Ins Co. from claiming pre-existing Condi

You MUST have the complete support from the doctors. Without very strong proof that the accidents was a legal cause of the condition for which you received treatment you can not prove your case. The problem is one of the difficulty of proof which will require the doctors to be supportive of your claims.

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Answered on 7/19/00, 10:15 am
Jonathan Colman Jonthan H. Colman and Associates

Re: Egg shell theory Or How to preclude Ins Co. from claiming pre-existing Condi

Your attorney's prior financial problems are irrelevant to your claims. Don't worry about them. If, in fact, your prior injuries were unrelated to your present complaints, and your medical records will so support, you shouldn't be concerned with the past. An aggressive attorney in your area, well versed in personal injury and insurance, should have no difficulty separating the two for settlement/trial.

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Answered on 7/20/00, 12:09 am


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