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Recent Personal Injury and Car Accident News and Cases related to Hawaii
In the Louisiana case of Domingue v. Allied Discount Tire and Brake, Inc., 849 So. 2d 690 (La. Ct. App. 1st Cir. 2003), the court ruled that a plaintiff's financial inability to obtain medical treatment can be given as a valid reason for delaying treatment after an accident claim arises. In that case the plaintiff failed to obtain treatment until three years after his accident, but explained that the delay was due to his financial inability to pay for recommended treatment. See, also, Etheridge v. St. Paul Mercury Ins. Co., 814 So. 2d 119 (La. Ct. App. 2d Cir. 2002) [continuing to work after an accident may be reasonable]. Hopefully, Hawaii's courts will also find that the expenses of the treatment and the plaintiff's financial condition are proper considerations in determining the reasonableness of the plaintiff’s failure to obtain treatment.
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