Thank you so much for that. You seem very knowlegeable. My Dr's assessment is pinched sciatic nerve due to deamaged disc. He gave me some steroid meds among others. He said if I feel relief I do not have to go have the MRI. I am feling a little better now. If the MRI is not done does that hurt me in the settlement? Also, my lost wages now are going to be about $9800 which seems a lot to me at least. But I have my paychex showing my weekly take home and a letter from work which I will obtain showing my missed time as well as doctor notes saying to be off work(I life heavy objects). With the medical at $2500 that puts me at $12,300 which from what I am reading am pretty muched assured of. What is a ballpark I can expect for the pain and suffering? Without the MRi or with it. ALso is it better having a negative MRI than none at all. I am just wanting to make the right decisions here. When I think of pain and suffering I have been hurting pretty bad up to now. It will be 7 weeks by the time everything and all treatment is done. I guess Im just looking for some kind of reassurance that my finances will be able to be back to normal. I have lost a lot of money and have kids and a wife to support.
Ballpark on the pain and suffering just from your experience?
Also, one last thing if the doctor says ok you can go back to work now( at the 7 week mark) and puts restrictions on what I can and can't do for the next say 3 weeks which would cost me apprx. 600 a week is that applicable at all. Or would I need to wait until the end of that 3 weeks even still to get a settlement. Oh, and how long does it normally take once all records, treatment, etc are in to the adjuster before I have a check?
Sorry for so many questions I hope you understand it is sort of scary the amount of money I have been out and will never recover until this is done.
Is it odd that I was not asked for a recorded statement?
well no and yes, some companies apparently are not as strengent on this...I personally have not worked anywhere that wouldn't have thrown a big old giant hissy and made me get one...
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On every state I know of, recorded statements are not admissible in court. This means a recorded statement cannot be used at all in a court case
Maybe it depends on the 'reason' for the admissablility in a court case tcope and not that they are flatly excluded, I know of a few that have went to court and the statements were used, to prove (as you said) changes in story....generally (IMO) there isn't much information in them that would help (either side) in a court case....I think as well more times than not recorded statements are used by the carriers as training tools, I know where I work the bosses routinely review new adjusters statements...Another thing they are good for is if a party says, 'the adjuster told me they were going to fix my car and give me five gazillion dollars, just because i'm pretty!' and this can be shown incorrect in the statements...
Don't concern yourself with this at all...some carriers just don't require it on all claims...
RE: your money etc...I know it's hard to be so stretched...as tcope said nothing will be paid untill you have finished treatment...if you are forthright and upfront with your creditors, (call them BEFORE you are late), and let them know the circumstances most times something can be worked out...
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You've helped a lot. Im just so concerned with the money I'm getting back. If possible can you let me know what you think about my settlement questions and the MRI.
You've helped a lot. Im just so concerned with the money I'm getting back. If possible can you let me know what you think about my settlement questions and the MRI
Were it me I'd have the MRI, you'll have to make that decision. There is really no way for us to evaluate an injury so much goes into it....Of course you will get all your med bills, loss of wages, etc. Then depending on the diagnosis and prognosis pain and suffering...I personally would make the carrier make the first offer then tell them I want to think about it awhile...and then do that..If you'd like after they make an offer let us know what it is and we can probably say if 'we' think it sounds fair or low, or just plain nuts and you may want to consider an attorney. It really is what you think this is worth...and what the diagnosis is.... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Hi, below I have copied the letter I included to the adjuster on my claim.
Please do me a favor and just let me know a ballpark range of settlement you would offer if you were the adjuster. I know it is just your opinion but maybe it will make me feel better and not worry so much.
I really appreciate it. Here is the letter:
Dear Ms.
I have enclosed the medical bills, all prescription receipts as well as my paycheck stubs and a letter from my work stating the 7 weeks of work I have missed due to my back injury.
The total work missed is $1400 X 7 weeks for a total of $9800.
All medical including prescriptions are a total of $2400.
When determining my pain and suffering please take into consideration that I have basically been extremely limited to absolutely everything I can do on a normal basis. First, my children, my 6 year old son had to have his basketball camp cancelled due to lack of funds. We have not been able to go outside together and play catch or soccer which we would normally do on a weekly basis. My oldest daughter has not been able to take her weekly bike ride with me now for 7 weeks. I have not been able to hold my 11 month old daughter without sitting down and having sat on my lap. Even then, it is only for a few minutes before I am too uncomfortable. My wife and I have not had any intimacy at all and she has had to pick up 2 extra shifts a week just so we can have food. We have had to call all utility companies and ask them for extensions so they would not have us turned off. It has been a highly stressful environment around here the past couple of months that has affected my entire family.
As for me, I have gotten an average of 3 hours sleep a night. Most of the times in intervals of 15-30 minutes before waking up in severe pain. I have woken up and had to vomit on probably 20 occasions due to the medicines I had to take. I have had to rely on my wonderful wife to manage and take care of everything which includes housework, working, the kids and yard work. I have been basically useless the past 2 months.
The doctor has mentioned to me that this may never fully heal and that scares me because my job involves lifting heavy items. I will just be very careful and pray nothing happens in the future.
Please take these circumstances into consideration when determining the pain and suffering amounts.
RPS,
Sorry had to go out of town for a business meeting...
Did you do the MRI? What is the actual diagnosis, and prognosis? _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
I did not have the MRI. The diagnosis was a herniated disc at L5 S1 and nerve impigement. I do not know what the prognosis was. He just told me that I could start working and to take things slowly and as my body allows me to. He said it is possible that I may not completely heal but I am assuming I will.
I am just clueless on what amount to expect for pain and suffering and any estimate from someone who knows about that stuff will help me.
I have had people here I know tell me that I won't even get $10,000 total. But I tell them that I have over $12,000 in just med and work. They say it doesn't matter but these are a couple of people who think they know everything but are actually quite ignorant.
He said it is possible that I may not completely heal but I am assuming I will
Don't think you told us your age, but I wouldn't make that assumption...well at my age anyway (forty-eight) have several of them myself...and they don't/didn't heal...really think about having the MRI, remembering that down the road should you have another injury, it well only way to say it is, it won't be ''worth'' as much...see it's 'worth' more if an injury is 'caused' than if a pre-existing injury is 'aggravated' from now on you will have this diagnosis attached to you...say you fail on a landlords bad steps (another thread here)...hurting same area...you won't be entitled to near the settlement that you will be this time... please reconsider the MRI...also even if you are young and feel fine, I assure you hern.discs can come back and bite you hard, when you get in your late thirtys early forties...
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I have had people here I know tell me that I won't even get $10,000 total. But I tell them that I have over $12,000 in just med and work. They say it doesn't matter but these are a couple of people who think they know everything but are actually quite ignorant
. I agree with that last part... There is no way for me to acruately put a value on this without knowing everything (no don't send it to me please..) but I'd say they are WAY WAY WAY OFF...with the info you have provided, more like, 20-30k...still please re-consider, have a complete diagnosis (MRI) and see what treatment is available....let the adjuster make the first offer, and think about it for a while....this is NOT a soft tissue injury, and one that can cause you great trouble down the line....if the adjuster is too far off, I'd consider an attorney in this one....and I ''rarely'' say that! (I'd also negotiate the percentage fee) _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Ok today I found out that I will have to have 2 more weeks of PT. I am a 1099 contacted "employee" so not really employed at all. They have decided to replace me on 1 of my routes that I have because they are afraid I may not be able to come back and be able to lift the packages and things like that. So basically I am out $600 a week now that 1/2 of my work is gone. Does this at all matter. I'm sort of confused. I can't go after my "employer" because I am contracted and they can basically do whatever they want. If I wouldn't have been injured I'd still have both shifts. Is the adjuster going to consider anything on this?
They have decided to replace me on 1 of my routes that I have because they are afraid I may not be able to come back and be able to lift the packages and things like that. So basically I am out $600 a week now that 1/2 of my work is gone
I'm so sorry that really sucks!
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Does this at all matter
Yes, it should...be sure and bring this to the adjusters attention, would be good to get a letter from this company saying they had no option but to hire another DUE to this accident and injury you suffered, blah blah, and how much you made working for them...They will owe you something on this...do you think that you will be able to preform your job at the same level after some time of recovery? What does the doc say? _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
I have asked the doctor if I will fully recover and he just says that is what we are hoping for. I have 3 more weeks of physical therapy left.
I will be able to get a letter stating they replaced me due to the time away which is due to my injury. I just don;t know what to ask for regarding that. See it is a night route that takes 3 hours and it pays $120 a night. I waited so long and tried so hard to get one of these few routes that basically never come open, but I got lucky and got in. I doubt I will ever find anything to make that much in 3 hours again.
So if I heal completely does that mean they won't consider the lost future income? I mean I won't be able to replace that. Honestly, all of the chaos and stress this is puting on my wife and our kids is really starting to hurt us.
Anyways, when I ask for an amount, how do you suggest I factor in this part of it ($600 a week)?
So if I heal completely does that mean they won't consider the lost future income?
Well they will owe you for any loss income of course and some for the loss of this route...but not the rest of your life for it's loss..
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Anyways, when I ask for an amount, how do you suggest I factor in this part of it ($600 a week
You just tell them..you lost this job and cannot get it back, and don't see getting another of this quality for quite some time, and that you can document from the employer that they were very pleased with your service but had no alternative but to replace you, and see what they come up with...they certainly owe you it's loss from the time of injury until you are released 100% from doc to return to work...and perhaps a little more on that particular job... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Wow I read this whol;e thread and I must say I am sorry for you. I know your situation as I am kind of dealing with some of the same things myself. Good Luck. (Please take Lori advise and see if you can get the MRI)
Yep sure is taking forever. Hopefully it is going to come to an end before summer does. Who knows. I think it is a shame in the op situation that it took so long and much luck to come across this job and wages to have to let it go. I really think when considering a settlement that needs to be taken into consideration. I know everything isn't always fair but it really sucks when your at the recieving end of it and didn't do any wrong.
