QUESTION
Should I file two separate claim one for each incident and which incident will be responsible for repaying my medical bills?
Asked on Jul 08th, 2014 on Personal Injury - New York
More details to this question:
I had 2 slip and fall accidents - 9/13 and 2/14. Medi-cal paid for the bills, MRI, CT scans, etc, doctor visits, physical therapy, meds, etc. when Obamacare started - so, most of the bills. Since the injury was to the same part of my body, I can't say which injury is responsible for my continued pain. Should I file two separate claim- one for each incident, and which incident will be responsible for repaying my Medi-cal bills, which must have exceeded $10,000 by now. I'm still not healed, still in pain, so is small claims court the way to go? I don't want the entire amount received to go to back to Medi-cal, since I continue to have pain which is likely to continue and will also be seeing an orthopedic surgeon and getting more physical therapy, although I don't see surgery as an option.
9 ANSWERS
You need to find a good California lawyer to sort out all of these issues.
Answered on Jul 11th, 2014 at 3:17 AM
Edwin K. Niles
Clearly 2 separate claims. But you don't talk about liability. Slip and fall cases are notoriously difficult to prove fault You may need a lawyer. Also (thanks to the insurance lobby) the most that can be awarded in SCC is $7,500 per claim.
Answered on Jul 11th, 2014 at 2:56 AM
Ronald A. Steinberg
I think that you need a competent lawyer. I could argue that the second accident "cut off" any residuals from the first accident, or I could argue that the second accident aggravated the injuries from the first one. I could argue that the first accident predisposed you to being injured in the second accident. In other words, the 2 claims could be maintained separately or they could be linked together. A smart lawyer can figure it out. If the lawyer can't, then the lawyer ain't smart.
Answered on Jul 10th, 2014 at 11:45 AM
Thomas Edward Gates
You will get push back from the second insurance company since you had a preexisting condition when you had your second fall. Because of your bills, you cannot go to small claims. Otherwise you would be on the hook for all unpaid bills. There is know way to get around having to pay Medi-care costs. You need to contact a personal injury attorney to assist you.
Answered on Jul 10th, 2014 at 10:50 AM
James Eugene Hasser
You are way ahead of yourself. You must first prove that someone is at fault in causing your injuries. Just because you hurt yourself on someone's property, doesn't necessarily mean they are liable. You give no facts of the accident, so it is impossible to answer your question. Consider consulting an experienced personal injury lawyer. Good luck.
Answered on Jul 10th, 2014 at 10:34 AM
The insurance carriers will blame each other's accident for the injuries so you should go and see an attorney who can negotiate with Medical. You probably can not do it yourself. He/she will tell each about the other fall and will have to get a physician to sort it out.
Answered on Jul 10th, 2014 at 9:59 AM
EDWARD MILLER
You provide no information as to the cause of your slip-falls. If they (or either of them) was the result of negligence of some person, and if the condition that caused the fall(s) was not "open and obvious," you would have a valid basis to sue the negligent party. If your pain is serious and on-going, it makes no sense to limit your claim by suing in small claims court. As for who would be entitled to reimbursement for payment of your medical expenses, your question, again, does not provide sufficient information to form an opinion. That is not your concern. It is up to whomever claims the right to reimbursement to prove that right.
Answered on Jul 10th, 2014 at 9:56 AM
When two accidents cause injury and the second incident is close to the first it never works for the injured person. That is because the burden to prove damages falls to the injured plaintiff. You will need to get a doctor to express his/her opinion of which symptoms are related to which accident.
Answered on Jul 10th, 2014 at 8:08 AM
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Repeat injuries are very common. I think I'd combine them, since the two defendants are going to be pointing the finger at each other, having them in the same suit could help you leverage them against each other. Given the passage of time and the extent of treatment I don't see this as a small claims matter. You don't have a choice as to what goes back to CMS/MSPRC. Don't even think about trying to pull this off without a lawyer.
Answered on Jul 10th, 2014 at 7:54 AM