by blackwow » Mon Aug 09, 2010 03:30 am
Hi,I was in a car accident about 11 months ago. A tow truck had a blow out, hit my car and spun my car into the side guardrail of the highway. We were both going 65MPH. Police report says other driver was at fault for illegal lane change. I had an MRI which shows a bulging disc I did not have before the accident. Medical bills are $10,000, Future Medical $12,000 and lost wages are $6100. My attorney called me and said his demand letter was for over $100,000 and the insurance companies first offer is $14,000. I feel the offer is an insult. I know they will go higher, but probably not much. Needless to say, I am not very happy with this because I have bulge in my disc that I have to live with unless I have surgery on day. Plus my attorney could possibly walk away with more money than me and I am the one injured. I can't wait another year for litigation because due to the accident I lost my job and am still looking for work and need money to live on. What should I do?
Posted: Mon Aug 09, 2010 06:12 am Post Subject:
I am not very happy with this . . . Plus my attorney could possibly walk away with more money than me and I am the one injured.
Live and learn. The time to get an attorney is when the insurance company denies your claim or fails to negotiate a settlement in good faith, not before. Your damages are $28,100, plus the possible future medical expenses. That's what you could have obtained on your own without an attorney.
Now you have to get them to come up with $40,000 + future medical expenses to equal your non-represented claim. I doubt you will be able to do that at all.
I don't know what your contractual obligation is with the attorney, but there's probably something in the contract you signed that would obligate you to pay him the 1/3 of your award even if you fire him and collect on your own.
Posted: Mon Aug 09, 2010 12:33 pm Post Subject:
I can't wait another year for litigation because due to the accident I lost my job and am still looking for work and need money to live on. What should I do?
Something doesn't really make sense here. Maybe I'm 'reading' this incorrectly. Did you lose you job, BECAUSE you were in an accident....or....did you lose your job because you can no longer work BECAUSE of the injury? I'm not saying you're NOT hurt. However....what sense would it be, to look for another job, if you are hurt that badly and CAN'T work?Posted: Mon Aug 09, 2010 12:46 pm Post Subject: insurance
OP.....I don't mean to be 'critical',....I know someone who was in a similiar situation (a relative of mine). She was in a car accident and REALLY messed up her back. She was getting the 'run around' from the OTHER Insurance company, concerning her Medical bills, etc. So, she decided to go back to work. To make a long story short, when she FINALLY received her money for Medical bills, etc., the amount was almost slim to none. Why?..because either the OTHER drivers Lawyer?Insurance comapny ahd basically said (paraphrasing here)....'if you can work, you don't need the 'full' amount you're asking for..or...you weren't injuried as bad as you said you were'. Even though my relative sent in Xrays, etc., this is the response she received. It was sad to see how frustrated she was about this entire situation.
Posted: Mon Aug 09, 2010 04:09 pm Post Subject:
I had an MRI which shows a bulging disc I did not have before the accident.
How does it show that it did not exist before the accident? Did you have an MRI don't shortly before? I've even seen doctors (usually ones that work with the attorneys) state that a disc bulge was probably caused by "the" accident. Truth is, anyone over 25 probably has some type of disc bulge regardless of being in an auto accident.My attorney called me and said his demand letter was for over $100,000 and the insurance companies first offer is $14,000
... and the demand was not? Many adjusters will return a stupid demand with a stupid offer as typically people thing to meet somewhere in the middle of the two numbers.Plus my attorney could possibly walk away with more money than me and I am the one injured.
You are wise young grasshopper. They don't mention that in those commercials, do they.What should I do?
First, you should have a good attorney. Second, speak to your attorney for more info on where you stand. The attorney should be able to tell you where he/she things the settlement will be at.I mentioned the disc bulge in my opening statement. Depending on your age and lifestyle I can almost assure you that the adjuster is probably going to argue that the disc bulge already existed and that the accident made it worse. Also, $12,000 future meds after 11 months and on top of $10,000 in current meds (of which around $3000 was for diagnostic work so it's really more like $7,000 in current meds)? The adjuster is probably going to discard that large of a number as well. I have not seen your medical notes nor do I know much about the injury/treatment but I'm betting the medical notes really don't indicate that $12,000 in future meds is needed. Attorneys usually don't submit a demand until the person stops treating... at least under physical therapy. Is this true in your case? If so, my argument is always.... "your client stopped treatment 3 months ago... why would they need to have another 3 months treatment?"
Have any of your medical bills already been paid? If paid under PIP, some states allow an offset for that.
Your at $30k in meds. Your attorney asked for $100k and $14k was offered. Discounting the $12k in future meds, your actual bills are around $18k. As the offer is lower then this amount the adjuster is either giving the attorney an equally stupid number (as the demand) or they are also discounting some of the medical treatment for some reason. Either way, it looks to me like the settlement might be closer to $20k-$25k. That is a _wild_ guess.
Posted: Mon Aug 09, 2010 04:50 pm Post Subject: Help
I don't know if my disc bulge was there before the accident. I just know my back did not hurt befroe the accident and I never went to the doctor for a back issue. During physical therapy after the accident, I began to have back spasms. I kept telling my doctor and he sent me for an MRI. When the MRI came back he showed me the bulge. He then sent me to an ortho specialist. The ortho specialist said unless I had a back problem before the accident, the bulge was caused during the accident. It was a pretty violant accident. The left side of my car smashed into the guard rail, deploying my side airbags. I had a big swelling on my left elbow and had left rib bruises. I am sure my spine kept moving too at impact. I am not a doctor, I am not an attorney and I am not an insurance adjuster. I just know I am not the same physically, that I was before the accident, but I am happy to be alive. I am hoping that my attorney and the insurance adjuster can meet in the middle somehow and wish there were something I can do besides just waiting on them to work it out.
Posted: Mon Aug 09, 2010 04:59 pm Post Subject: Help
About the post regarding not being able to work. To clear it up. At the time of the accident and for two months after that, I could not work. I was on a two year full time with the Census Bureau and they needed my position filled. I was still on doctors leave, but they could not wait any longer. This was nine months ago. I was able to fell well enough to start looking for work in February. Even though my back still hurts, I have learned certain exercises that relieve the bulge pain when it flares up. I am putting off surgery as a last resort because I you never know what can happen when you cut into the spine.
Posted: Mon Aug 09, 2010 05:06 pm Post Subject:
The Census Bureau does not have any type of disability coverage for their employees?
Posted: Mon Aug 09, 2010 05:19 pm Post Subject: Help
I was a full time tempory employee. My assignment was for two years. I only qualify for disablilty after one year of work. I was only able to complete 7 months of my 2 year assignment.
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