I was in two separate auto accidents in which the other parties were at fault, can i sue foe future medical expenses?

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I was in two separate auto accidents in which the other parties were at fault, can i sue foe future medical expenses?

The first a semi totaled my vehicle the second a man rear-ended me in the rental I was driving to temporarily replace my vehicle. I had previous spinal fusion and now my back is hurting, I need some help.

Asked on November 10, 2016 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Prior to filing a lawsuit or lawsuits against the at-fault parties, it may be possible to settle the cases with their insurance carriers. 
The medical report(s) should state that you will need future treatment and an estimate of the cost.  Future medical expenses are discounted to present value.
When the doctor declares you to be permanent and stationary, obtain your medical bills, medical reports and documentation of wage loss.  Your claims filed with the at-fault parties insurance carriers should include those items. 
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  As mentioned above, future medical treatment and an estimate of the cost should be documented in the medical reports.
If the cases are settled with the at-fault partys' insurance carriers, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault partys' insurance carriers, reject the settlement offers and file a lawsuit for negligence against the at-fault parties. 
If the cases are NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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