by Guest » Mon Sep 14, 2009 03:12 pm
I was hit in the side after someone ran a red light. They were found at fault on the accident report. I had a surgery on my back in 2004 which is now aggrevated from this accident along with an ongoing headache. The Lawyer I spoke with said I would only get a setlement based off medical costs. Whats that mean? What about future medical I may have to receive? How does this work?
My main concern is future medical and getting rid of this headache. I just started PT and I am actually feeling worse as the days move on.
My main concern is future medical and getting rid of this headache. I just started PT and I am actually feeling worse as the days move on.
Posted: Mon Sep 14, 2009 04:42 pm Post Subject:
I can't give you any legal advice, but I can suggest things that may help you as they helped me. I was hit "head on" in the early 90's. I kept a daily diary of every day I had to take a treatment, take a pill, take time away from pleasure and work. I kept records of travel time to and from treatments, time in treatment, etc. At the end of three years it added up. My attorney at the time, suggested my wife and I both keep a separate diary or accountings as both our injuries would be handled or settled separately. My wife had a seat belt bruise for three months after the accident and scars are permanent.
I currently have a nerve that is still being pinched over three years after a separate impact, that affects the use of my left arm. After three years I still do not know if it is permanent. Don't be eager to settle, I had shoulder surgery due to the accident three years after the impact. Bone spurs have a way of showing up and impinging tendons and joints over time. Use your personal med pay or health coverage and let them place a lien on the settlement if you are experiencing complications and surgeries. Most policies offer 5000 in med pay minimum if you carry it and some states call it Personal Injury Proctection on your auto policy. In some states like mine, you are under no obligation to pay back for treatments using your own med pay. In other states they may be able to subrogtate or collect that portion your auto insurer paid from your settlement.
Healing takes time and the process of gathering settlement documents is a long haul. Your attorney has to prepare and put documents together just as if they were going to litigate especially if settling is not an option or agreeable to both parties.
Posted: Tue Sep 15, 2009 10:28 am Post Subject:
Hi, Mike is right- the more you're in a hurry, more you'd lose.. Did you have a word with your carrier regarding this claim? Pinkfloydfan
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