Legal Question in Personal Injury in California
Eye surgery re assault
I was the victim of an assuault. The injury to my left eye required surgery. While being wheeled into the operating room i asked the surgeon. Would a blow to the head cause my condition in an adult. He said yes it would. The problem is he never wrote our conversation down on my medical record & he can't recall our casual conversation before my surgery. The condition is called strabismus & a blow to the head is about the only cause in adults. I've confirmed this with other drs. How do i collect damages for the cost of my surgery if it's not in my records? I wasn't asked how i got strabismus by any dr & i didn't know the blow to my head caused it. There is a police report & arrest of the assault. Will i be able to collect the cost of surgery from the defendant? Thank-you,--name removed--
3 Answers from Attorneys
Re: Eye surgery re assault
Whether you can collect is determined by whether the bad guy has insurance or assets. The answer is 'if he has nothing, that is what you'll get'. Whether you can win your claim depends upon the facts and evidence. Consult with an attorney if you think the bad guy has assets.
Re: Eye surgery re assault
You seem to think that only your existing records can be used to prove how you were injured. That is not true. You can testify about what happened to you, as can any witnesses to the assault. A medical expert -- who may, but need not, be the doctor who treated you -- can testify that the assault you describe would likely cause the type of injury you sustained, and that none of the other events you described could have done so.
As Mr. Nelson notes, this will only help you if the assailant can afford to pay a large judgment.
Re: Eye surgery re assault
Even if all the evidence points to the defendant as being liable for your injuries, the rest depends on whether or not he/she has any assets or insurance. One can easily spend $5,000.00 - $20,000.00 in litigation costs against a liable defendant only to find that in the end that he/she is broke. If you find that he/she has assets and/or insurance, please feel free to contact my office for a free consultation at 1.877.505.INJURY.
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