Legal Question in Personal Injury in California
Car accident
I was in a car accident in September of 2002 I was 6 1/2 months pregnant at the time. I was hit from behind then we were pushed into another car in front. Basically we wer sandwiched. I had pain on my lower abdomen and lower back as well as my neck. I was sent to the hospital and was released a few hours later. I had a normal pregnancy then 3 weeks later I went for my check up and was told that I had to go immediately to the hospital, because my daughter has stopped growing. I was diagnosed with pre eclampsia. I had to be induced and had my daughter 2 months early. Then I was told that she had some hemmoraging in her head. I beleive that all of this that has happened to my daugher is the cause of the accident. In the mean time I went to see my primary physician to get a refferal to get some therapy for my back and neck, but I did not go to my therapy. Now I feel lots of pain in my back is it too late to start going to therapy and still have a case against the people who rammed into us? And as for my daughter what can I do in her situation? Is it possible to prove that the accident was the cause of the pre eclampsia and the hemmoraging in her head? Thank you
10 Answers from Attorneys
Re: Car accident
Of course you will need a medical opinion to that effect. Please call me directly at 9619) 222-3504.
Re: Car accident
It is not too late to have a good case. See an attorney at once. Call me, Dennis Blum, at 415-544-0400 for advice and if you are in the bay area we can meet.
Re: Car accident
No it is not too late. You should see qualified health care providers right away. You should also consult with experts who can tell us if the baby's problems can be proven to be related to the automobile crash.
JOEL SELIK
800-894-289
www.SelikLaw.com
Re: Car accident
The short answer to your questions is yes. You have one year from the date of your accident to bring a claim for your -- and your daughter's -- injuries.
Whether the accident caused your daughter's condition is an issue that will require extensive analysis, so it is difficult to provide a meaningful answer in this forum.
A case like yours can be handled on a contingency basis, with no attorney's fee to you unless and until there is a settlement or judgment for you and your family.
Please feel free to call me for a free consultation.
Re: Car accident
wow. first of all, our law firm would like to offer you and your daughter our deepest condolences in regards to the trauma both of you have unfortunately had to endure to date. we truly empathize with your situation from a human and legal standpoint.
to answer your legal questions, they are as follows:
1)from the facts given, the statute of limitations has not run in full to bar you from recovery from the "negligent" conduct of the driver than hit you from behind. in fact, the statute of limitations would not even begin to run until the date you and/or your daughter first discovered the extent of your injuries after the september 2002 accident. so, you are safe here and it would NOT be too late to seek medical treatment and therapy for your own injuries as well as those of your daughter. you BOTH have very strong cases against the driver here and should act on your causes of action asap.
2)as far as your daughter's specific situation, it might take expert witness testimony to determine the "causation" of her premature birth and resulting injuries discussed within the body of your question posted here. but, this is not a big hurdle to cross, especially since a jury is made up of reasonable people and if the injuries your daughtered suffered seem highly plausible and caused by the driver, your daughter's case could easily be settled even out of court.
thus, with all of this in mind, if you would like further legal assistance in this matter and/or representation, our Law Firm would consider it an honor and privilege to try to further assist you and your daughter in this legal matter. just email us directly with more information and how we might be able to assist you in any way. once again, we offer our deepest sympathies and condolences on what you and your daughter have had to suffer thru to this point. warmest regards.
Re: Car accident
Your opinion, or mine, is irrelevant to whether the baby had injury in the accident. Only your doctor's opinion is important. You need that to be able to legally prove the connection. However, you should promptly bring your claims and follow up with a lawsuit if not reasonably settled. Contact me if interested in discussing.
Re: Car accident
Depending on how you handled the case after you got into the accident, you may or may not still have a case. Most likely, you still have a case.
As to the issues regarding proving the cause of the pre eclampsia and the hemmoraging in your daughter's head, there are ways to show that is the case.
With a case that has such severe consequences as you describe, you should obtain legal representation and counsel as soon as possible.
The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to contact us at www.unalaw.com
Re: Car accident
Thank you for your inquiry.
It may be possible to prove that the accident caused the pre-eclampsia, but I doubt that anyone here can give you that opinion, since that requires a professional medical opinion, after reviewing the literature in this area, and the charts and records for your child's individual case.
Your failure to go to therapy will be commented on, and although you have the right to go to therapy now, the insurance company will claim that you couldn't have been in much pain, or you would have gone earlier.
You only have one year to file a lawsuit from the date of the accident, so if you don't do something in less than six months, you might lose your right to file a claim. Do not delay getting an attorney and pursuing this is the best advice I can give you.
I hope this helps, but if you have other questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.
Re: Car accident
Pre-eclampsia is toxic-like condition later in a pregnancy. Toxic means some kind of poison. What did your doctors say was the cause of this? With soft tissue injuries from the accident, it may be difficult to show a connection. But no attorney can know for sure. It would depend on the opinions of medical experts. If your condition was not caused by the accident, all that follows including your daughter's condition would not be covered.
You could still start some type of therapy program yourself. The burden of proof would be on you to a medical probability on any damage issue that you raise.
If you are in the Orange County area, I would be glad to give you a free consultation and go further into this. I have represented dozens of pregnant women from car accidents over the last 20 years. Sam Eagle 714-963-5123
Re: Car accident
I'd like to speak to you about this excellent case. 562 267 7777. For more info on my firm go to socalinjurylaw.com
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