by Oneloveonelyfe » Wed Aug 25, 2010 03:19 am
On June 9, 2010 I was stopped at a red fire station light. I watched the fire truck start to exit it's driveway when it stopped and laid into his horn. I looked into my rear-view mirror to see what he was honking at and then bam I was rear ended. I had been stopped for about 10 seconds before I was hit. The speed limit on that road is 45mph and the firemen who were witnesses said she came flying down the hill. She was cited for inattentive driving and only had an intermediate license. My car was totaled and so was hers. I took myself to the er 2 hours later as the pain started to seriously increase. I was diagnosed with neck sprain and back sprain. 2 days later I returned to the er after trying to help carry in groceries and heard a pop in my back followed by a stabbing pain. The diagnosis was Myofascial strain lumbar. A day later I returned to the er with a severe headache, making me nauseous and dizzy. The diagnosis was tension headache. I followed up with a clinic and they prescribed me chiropractic therapy. I received chiropractic therapy every day for 3 weeks. Then 3 times a week for another 3 weeks and since then have been going for two times a week. Following the accident the doctor gave me a release from work for 3 weeks. Her insurance company has sent me a letter accepting fault. At this point the pain in my neck is gone and the pain in my lower back comes only when I put my body under load (standing for long periods or doing moderate to hard work). I have been a cement mason for the last ten years and I don't feel that I can do continue doing that type of work unless I'm willing to do it in pain. So I've enrolled in school and start next month for automotive technology. I have gotten all paperwork (bills, er discharge, police report and all that would be needed) just in case I seek an attorney. I am sure that her insurance company will low-ball, but would just like an idea on what a fair counter demand would be for my settlement. I have suffered mental anguish over many aspects and have documented them all. From not being able to interact normally with my 2 year old son to depression from financial worries for being out of work during the 3 weeks to what will I do if I can't do concrete anymore (it's all I know). I'm not some greedy dude but feel I do deserve something as this accident HAS affected my life in many ways. My medical bills are close to $10,000. Sorry I wrote too much, just wanted to give a info so that whoever responds can respond more accurately. Thank you for your time. Brandon
Posted: Wed Apr 11, 2012 02:51 pm Post Subject: 18 wheeler accident
medical bills are appro 25,000.00 they offered 10,000.00 i turned it down i asked for 250,000.000
Posted: Wed Apr 11, 2012 06:54 pm Post Subject:
Do you have a question?
Posted: Sat May 19, 2012 01:31 am Post Subject:
Posted: Sat May 19, 2012 11:41 pm Post Subject: Settlement claim
i was re ended at a stop light i have been getting treating me, and have already settled out the claim for only the vehicle, but i have sustained Injuries not only physically but mentally. I find my self not like i used to rude to my family, unable to enjoy life like i used to I.E take my children to the park to play, enjoy doing work around my parents house, working, or even making love to my husband. I dont feel the same i cant sleep, i have been on anxiety meds which i have never taken before and just feel worse off. how much is my case worth
Posted: Mon May 21, 2012 03:51 pm Post Subject:
What does your physician have to say about this? Or your psychiatrist? Until you have legitimate medical documentation of the things you describe, you have no case other than direct medical expenses and lost wages due directly to injuries suffered IN the accident. Those suffered AS A LATER RESULT are suspect until verified medically. A chiropractor is not competent to diagnose such things -- the person who is has an MD or DO or (possibly) a PhD at the end of their name.
Posted: Thu May 31, 2012 10:12 pm Post Subject:
I was in a turn lane about to enter onto a highway, I was stopped to allow traffic to clear, I was rear ended with minor damage to the vehicle, at the time I had no real problems neither did my wife who was in the vehicle with me, we exchanged information and I went home, on the drive the car (2003 ford mustang) was pulling to the right, a few hours later I got dizzy felt like I was going to vomit my neck and shoulders were sore and hurt, my wife the same way. I called and made an appointment with my PCP and also am in with my wife physical therapy for whip lash, as is my wife. Both drivers have the same insurance company Farmers. Our medical is not that much around 2000.00 for the both of us. We are both disabled and draw SSDI not from the accident so no lost wages. Any clue as to what a reasonable settlement would be.
Posted: Fri Jun 01, 2012 03:59 am Post Subject:
Unfortunately, no one here can answer that question for you. Until your medical treatments are concluded, you are like a taxi meter, running up the charges. You are entitled to 100% of those expenses . . . BUT! . . . if any of those expenses are/were being paid by your health insurance, whatever you recover from the at-fault party is owed back to your health insurance company.
So just make sure that whatever you are going to settle for covers all of the health care expenses (including any related physical therapy expenses) 100%. Check with Medicare or your health insurance company to know for sure what you owe them (if anything). You have to let them know if you are going to recover anything from someone else, and they have to tell you what you owe them.
If you're a Medicare beneficiary, and Medicare is paying those expenses, you would owe the money back to them, too. Medicare is far less likely to accept a reduction in their recovery than a commercial insurance company because the Social Security Administration has the ability to literally cut off a large portion of your SSDI payments in order to repay what is owed to Medicare for a third-party loss.
Any amount you receive for "general damages" -- the pain and suffering stuff -- can also be attacked by Medicare or your commercial health insurance company toward recovery of 100% of your Medicare / insurance-paid health care expenses resulting from the accident if you fail to settle for the correct amount of medical expenses.
Posted: Sat Jun 16, 2012 09:16 pm Post Subject:
i was stopped at a red light a lady going the opposite way hit the car infront of me on the tail end of the drivers side and hit me head on pushing me into the car behind me. i was taken to the er my emt. i am suffering back pain, neck pain, knee pain. i can not take care of my children because of the pain i am in. i have missed school due to the pain. i have not been able to be intamint with my husband as well. i have nerve problems, i cant stop shacking. i am so scared to drive or to be stopped at a red light. they have not made contact with the other party yet. what do you think will be my recovery?
Posted: Sun Jun 17, 2012 05:37 am Post Subject:
what do you think will be my recovery?
You are entitled to 100% of your documented damages: "Special/Specific" damages are those with a dollar sign attached . . . medical expenses, lost time from work, repair of your vehicle.
What you probably are asking about are "General" damages . . . pain and suffering, loss of consortium, psychological trauma. And, unfortunately, no one here can tell you what that is worth.
You will have to negotiate those damages directly with the at fault party or their insurance company. You don't need an attorney to do that, and you don't need an attorney until the negotiations reach a stalemate with no resolution to the matter. You cannot let negotiations drag on forever, because there is a "statute of limitations" on the time from the date of the collision to the time you file a lawsuit -- from 1 to 3 years in most states, but 5 or more in a couple.
Once you involve an attorney, however, the insurance company will no longer talk to you, and expect that your attorney will probably walk away with more $$ than you, unless you can get him/her to file for attorney's fees and expenses in addition to your damages (many won't do that), because what they are awarded may be less than what a 30%-45% contingency fee would bring in.
Posted: Sun Jul 08, 2012 12:13 am Post Subject: Claim
Always ask for the at fault's policy limit before you make your claim. It is your right. Dont involve an attorney because at the end it will be just couple of hundreds from what they last offered you.
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