I was in two separate auto accidents in which the other parties were at fault, can i sue foe future medical expenses?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 7 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.