What settlement can I expect from herniated discs?

by jo » Wed Sep 02, 2009 03:38 am
Posts: 28
Joined: 29 Aug 2009

I was involved in an accident that totaled my car. It was s 2000 Monte Carlo and they paid me $6K for it. They said the frame was too badly damaged to buy it back.

I had physical therapy for 4 months with very little improvement. Finally I had an MRI 6 months after the wreck. It showed herniated discs at C3-C4 and C5-C6 both mildly flattening the spinal cord. I had physical therapy for 4 more months with much more relief. I am still in daily pain and I have limited motion in my neck and my right shoulder.

I had no previous injuries, this was my first car accident. I hardly ever go to the doctor, about once a year usually with the flu. I had no pain before the accident and now it's my constant companion. I also have ringing in my ears that's much worse when the neck pain gets worse.

I was supposed to have a stricture in my esophagus stretched the day of the accident. The accident pushed back this procedure 4 months, causing me to suffer from nausea, indigestion and severe difficulty swallowing.

I was active before the accident but now I am very limited in what I can do. Thankfully I have an office job, so I can still work.

My medical bills are $10K and my lost wages $3K.

What would I be looking at for a fair settlement?

Total Comments: 36

Posted: Sun Mar 14, 2010 02:53 pm Post Subject:

The 2 year limit is coming up 4-23-10. Several time the adjuster has told me you can extend the limit by filing suit. He said "if you file suit, it doesn't mean you have to go to trial, we can always work out a settlement after you file."

Does this make any sense that he is pushing me to sue? The lady that hit me has 4 kids and they do have assets. But I have so much evidence, pictures, a police report that says she never tried to stop, she was speeding in a school zone, the MRIs of my neck which very plainly show spinal cord compression, plus no previous injuries or treatment what is he thinking?

Posted: Mon Mar 15, 2010 10:38 am Post Subject:

Does this make any sense that he is pushing me to sue?

As he said he isn't pushing to you sue but to 'stay' (meaning stop) the statute of limitations from running. And he's right that's the only way I know to stop it too...but you need an attorney to file suit...and their goes a third of your money...unless you could get an attorney to file a suit for 'x' amount of money then walk away...which I kind of doubt.

what is he thinking?

Again, sounds like a pretty stand up guy to me..he has to let you know that the statute is getting close...he did'nt have to tell you how to 'stop' it...

Posted: Mon Mar 15, 2010 12:20 pm Post Subject:

Farmers has done everything they can think of to delay my settlement. They give me little bits of info at a time on what they need instead of telling me all at once and changed the adjuster right before Thanksgiving They didn't even send me notice, one day I just got a call from this new guy. The new adjuster was always in meetings or "snowed under" because of the Holidays and people taking off. He was rude and said he would call me when he had time. It was January before I got to talk to him again. I think he's pushing me to sue because he thinks I'll just let it go, he thinks Im too nice to sue. But he underestimates how much pain I'm in and how much I've been through.

Maybe he believes I would settle for much less since getting a lawyer would cost me. But I believe I has a very strong case and it may cost his insured some of their assets if he chooses to push me down that road. The only other thing I can think of is the policy limits must be very high.

Posted: Thu Apr 26, 2012 07:34 pm Post Subject: MMI Reached

My MMi was reached with a weight restriction & a scheduled CT Scan for 6 months. I'm 56 live in Illinois, and had herniated Disk neck surgery. Can I settle my case with open medical? Also, what is the Maximum settlement amount? Thanks

Posted: Sun Jul 07, 2013 08:59 pm Post Subject: mediation

Going to mediation on a personal injury against major box. Store my lawyer says I do not have to attend this mediation so what is mediation?

Posted: Mon Jul 08, 2013 02:56 am Post Subject:

Store my lawyer says I do not have to attend this mediation so what is mediation?



:roll:

You are going to end up paying your attorney 33% of _your_ settlement money. Why would you not ask your attorney this question?

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