Legal Question in Personal Injury in California

Accident Injury

If you are injured by a third party and awaiting a settlement, and as a result of said injury you fall and hurt yourself much worse, can damages for the second injury be sought?


Asked on 6/28/09, 5:56 pm

2 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

Re: Accident Injury

Yes, you can. Even people without any prior injury will have varying degrees of agility, health and fitness. We have a saying "you take your victims as you find them." What this means is that disabled and weak people have every right to use sidewalks, etc.

As long as the person in the new accident was negligent and his negligence was a cause of the accident, it is irrelevant that you already had an injury. He is responsible for any losses for the WORSENING of your condition. You do not charge the first negligent person for the new injuries though.

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Answered on 6/29/09, 5:17 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Accident Injury

Probably, if you have not waived your rights , and you need to prove it is a result of the first injury.

Best,

Daniel Bakondi, Esq.

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Answered on 7/01/09, 1:36 am


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