some advice on a big accident

by donti32 » Fri Oct 02, 2009 04:38 pm

I was involved in a pretty big accident 5 weeks ago. I was alone in the car. The other driver was ticketed and was found to be at fault. My car suffered $19,000 in damages. The rental car was about $900. The third party spoke to me and clarified that they are 100% at fault and have payed for these repairs. I bought new car seats for $500. I was told they would reimburse me and to keep the receipts.
I was taken to the ER for neck, elbow and shoulder pain. I had two digits with numbness. The x-rays of the neck indicated a possible fracture and was later ruled out with an emergency CT of my neck. The ER diagnosis was cervical radiculopathy. I was told to follow up with my primary in a few days.
My primary physician wanted to let the inflammation cool off for 2 weeks. He prescribed muscle relaxers and anti-inflammatory medication. I was given a note to work at half my capacity for two weeks. After the 2 weeks the numbness subsided but the elbow and shoulder were bad still. The neck was just tender at the end of the day. I was told to get radiographs of the elbow and shoulder and start physical therapy 3x a week for 6 weeks. The x-rays were normal. Again I was told to work at 50% my capacity
At this point it had been a month since the accident. I still had pain in the elbow, which was diagnosed as lateral epicondylitis (tennis elbow) from the impact with the glass window. The shoulder was still bad after 2 weeks of therapy so I consulted with a orthopod. A MRI of the neck and shoulder were done. The shoulder involved a procedure to inject dye into the joint space. The results were yesterday. I have an extensively torn labrum. They want 4 weeks of additional therapy and a follow-up. If I need surgery I will be not able to work for 2 months minimum. Again I was told to work at half my capacity for 4 more weeks.
I cannot be sidelined for two months. My practice will bankrupt. Can I settle, assuming the therapy will help manage the shoulder, for future medical treatment and lost wages? I know because I asked, the 3rd party does not have minimal coverage. I have underins. coverage of 250/500. I want to get feedback and avoid a lawsuit. Lawyers are salivating over this case.
Oh by the way I work 8 hours a day and earn $230 per hour. My employer is keeping track of my lost wages. It adds up to over $5000 per week plus any lost time for therapy, doctors vists, etc. My car is taken care of. I had the car inspected and appraised. It has lost 8-10k in resale value. My doctors bills will be 15k without surgery.

I need to get better but this is starting to get overwhelming.

Total Comments: 62

Posted: Sat Feb 13, 2010 04:56 am Post Subject:

Finally done!! Just signed the UIM limts release today. To summarize:

repair - $19,400 and another $1800 in additional repairs after an after repair inspection ($200 fee)
DV- $7200
Car seats $520
4 weeks rental car ???
BI at fault $100000
UIM $150000

Thanks for all the help. I would not be able to get the funds for surgery and lost wages if I lost 40% for legal fees. Thank you Lori and posters.

Posted: Sat Feb 13, 2010 02:16 pm Post Subject:

donti32 Thank you for coming back and letting us know you finally got this settle and for limits on both carriers.. So many times, people don't return to let us know how things came out....

Thanks for all the help. I would not be able to get the funds for surgery and lost wages if I lost 40% for legal fees. Thank you Lori and posters.

speaking for everyone, It's our pleasure, and so glad we could help...hope you never NEED us again, but if so we're here...Good luck, and bless you, and your family..

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