Legal Question in Personal Injury in California

My mom was hit from the back while sitting in traffic. Her Ford Escape (2010) was rendered undriveable from the accident site - the rear door was completely smashed in and the exhaust pipe was detached from the most of the car, attached only at the front of the car. The other party's car was also totaled. Both cars were towed. Immediately after the impact, my mom blacked out for a few minutes and the lady from the other car came around to check and make sure she was okay. The police were called and they took a statement from each of them once my mom recovered from the shock. Apparently, the other lady was distracted and when she realized that there was traffic ahead she went to hit her brakes, but stepped on her accelerator instead. Fast forward to the present: it has been two days since the accident and my mom's headaches have been getting worse. In addition, her face is a bit swollen, her eyes bloodshot, and the left side of her back is hurting. Because we cannot afford to see a doctor, the extent of her injuries is unknown. Her insurance with AAA does not include an injury policy and she does not have health insurance. The case manager of the other party's insurance company (State Farm) refuses to consider an injury claim unless my mom can prove that her injuries are due to the accident with a medical diagnosis. My mom's insurance is already covering the repair costs of her car under the collision policy. The other party's insurance company took two days to provide a rental car for my mom but they refuse to reimburse wage losses for the two days she was unable to go to work unless she can prove she was incapacitated for those two days by providing proof she was a hospital, which she was not and nevermind the fact that her only mode of getting to work was rendered incapacitated by their client's negligence. More than the wage losses, I'm really scared for my mom's health. She's too worried about the medical expenses to see a doctor, but her health is getting worse everyday. What should we do? If a legal action is advised, could you recommend a lawyer in the San Diego, CA area? Thank you.


Asked on 12/14/11, 10:30 pm

10 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

I am sorry to hear about your mother's condition. Based upon the facts of this incident, and the nature and extent of your mom's injuries, I think you should retain counsel. My office handles such cases statewide. Sometimes it is not the location of a lawyer, as much as the quality of the lawyer.

I would be glad to speak to your mother about her car accident. Please contact me at 1.877.505.INJURY for a free consultation, or go to www.lupofflaw.com.

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Answered on 12/14/11, 10:44 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Your mother needs prompt and aggressive medical evalution and treatment. While I appreciate your concern about the cost, there is a way to help your mom. She seems to have a viable case, which an attorney such as myself will handle on a contingent fee basis. Your mother's medical care will be done on a lien basis. Meaning, she will get all the treatment now but her medical bills will be deferred until her case is concluded. I can help her get treatment on lien basis.

Please feel free to check my rating on www.avvo.com and if you like what you see, contact me at 888-9ENFORCER.

Take Care,

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Answered on 12/15/11, 2:10 am
Michael Stone-Molloy The Lion's Law Office

I see you've already had some responses from attorneys soliciting your business, and the reason is obvious: your mom has a case. None of us are writing from the San Diego area, unfortunately, and that shouldn't be too surprising either, because the LA area has the highest concentration of personal injury (PI) attorneys in the nation. You shouldn't think of that as a problem, however, because most LA PI attorneys take cases all across the southland, myself included.

Let me give you some insight into how this all works. It's very common that I'll get cases because people are seeking medical treatment with no health insurance. Doctors will accept patients in cases like your mom's only if there is an attorney vouching for the merit of the case--otherwise it's too risky for the doctor.

In your mom's case, the treatment could be very simple, or quite expensive. Ordinary sprains to the neck and back could account for the headaches, but it's very worrisome that she lost consciousness from the impact. If she has been more forgetful and distractible since the accident, that may be sign of a brain concussion. Other symptoms could include increased clumsiness or uncoordination, irritability or other personality changes, etc.

The first step, obviously, is to speak directly to an attorney, because these and many other questions have to be investigated. I would be glad to take your call toll-free at (877) LION-FOR-LAW (546-6367) or we can email: [email protected]

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Answered on 12/15/11, 5:07 am
Joel Selik www.SelikLaw.com

I am in San Diego and can help you. Call.

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Answered on 12/15/11, 9:16 am
Robert Worth Robert J. Worth , Professional Law Corporation

I was in claims before becoming an attorney. I know how they think and operate. I can assist your mom through this if you are interested. Everything in a personal injury case is on a contingency basis. There are no out of pocket expenses. My fee and cost come from the proceeds recovered. Feel free to call. (818) 222-2433. Regards, R. Worth

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Answered on 12/15/11, 12:33 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

My website is located at www.thepersonalinjury.com .

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Answered on 12/17/11, 6:24 am
P.J. Javaheri THRULAW, P.C.

IMMIDIATE ACCION is necessary at this point. Your mother has a case and she need's an aggressive law firm to deal with her claim and straighten out the insurance company. Our office is in Century City/Los Angeles, next to Beverly Hills.

Your mother may be entitled to:

� Medical attention with specialized doctors

� Surgery and Hospital stay

� Physical Therapy and rehabilitation

� Compensation for your damaged property

� Compensation for loss of earnings

� Compensation for pain and suffering

� Special life attention and care in cases of permanent incapacity

I would like to discuss this matter over the phone in further detail.

Please feel free to call me directly at 310-295-2056.

This response is for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional

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Answered on 12/19/11, 9:43 am


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