Should I file two separate claim one for each incident and which incident will be responsible for repaying my medical bills? 12 Answers as of July 11, 2014

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.

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Law Ofices of Edwin K. Niles | 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.
Answer Applies to: California
Replied: 7/11/2014
Durham Jones & Pinegar | Erven Nelson
You need to find a good California lawyer to sort out all of these issues.
Answer Applies to: Nevada
Replied: 7/11/2014
Law Offices of Steven J. Topazio
Law Offices of Steven J. Topazio | STEVEN J TOPAZIO
Slip and fall accidents are one of the most litigated areas of personal injury law due to the nature of the liability issues resulting from this type of accident. Property owners have a duty to keep the property reasonably safe. Premises liability however can be established if you slip on a foreign substance, such as oil, or slip or snow or ice, or trip on a foreign object, an obstruction, or fall due to defective construction, improper maintenance, broken stairs, or some other defect on the property. You will not prevail in any lawsuit unless you can establish the property owner's negligence. Contact a lawyer.
Answer Applies to: Massachusetts
Replied: 7/11/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
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.
Answer Applies to: Michigan
Replied: 7/10/2014
Gates' Law, PLLC | Thomas E. 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.
Answer Applies to: Washington
Replied: 7/10/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim 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.
    Answer Applies to: Alabama
    Replied: 7/10/2014
    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.
    Answer Applies to: Michigan
    Replied: 7/10/2014
    Law Offices of George H. Shers | George H. Shers
    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.
    Answer Applies to: California
    Replied: 7/10/2014
    Law Office of Jacqueline K. Schroering | Jacqueline K. Schroering
    You have 1 year from the date of the injury to file a lawsuit, otherwise the claim is gone forever. You need to move quickly on the 09/13 injury. Your situation is complicated and you should contact an attorney. If someone's negligence caused you to slip and fall, they can be held responsible for your injuries from that fall. You will need to distinguish what injuries were a result of which slip and fall. You will need the opinion of a physician.
    Answer Applies to: Kentucky
    Replied: 7/10/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You MUST consult a local personal injury attorney if you are ever to recover. Slip and fall accidents are among the most difficult to prove.
    Answer Applies to: Illinois
    Replied: 7/10/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    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.
    Answer Applies to: Iowa
    Replied: 7/10/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    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.
    Answer Applies to: New York
    Replied: 7/10/2014
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