If I’m in the process of filing my claim for a hit and run accident, what can I include regarding pain and suffering?

UPDATED: Jun 30, 2014

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If I’m in the process of filing my claim for a hit and run accident, what can I include regarding pain and suffering?

The accident is falling under my uninsured motorist. My vehicle was totaled and I acquired soft tissue injuries. I was being seen by a physical therapist for my injuries. Recently I fell down the stairs in my house and broke my fibula and had to have surgery to repair the damages. I believe this fall was a result of injuries I sustained from the car accident I was in. I don’t believe an able bodied person would have fallen without having preexisting injuries. Can I claim this injury on my pain and suffering claim?

Asked on June 30, 2014 under Personal Injury, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please go and speak with an attorney in your area on this matter as soon as possible.  Generally speaking, these cases are taken on a percentage basis and contingency basis.  It sounds like it may be hard for you yourself to prove the causation between the accident and the injuries from the fall. Please get help. 

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