by yoyo » Tue Feb 05, 2013 06:12 am
I have an auto accident claim in the works and I just need to know what I should ask for in terms of pain and suffering. I had a soft tissue injury that I was treated for for about 8 and a half months, my medical bills totaled 6600, I fell behind in my classes ( I am a college student) I had headaches that prevented me from getting adequate rest, the gentleman who hit me was looking at his cell phone at the time of the accident (negligent?), I also had an opportunity to work extra hours at work but couldn't due to injury. My chiropractor also stated that he would like me to continue treatment at one time a month for the next six months which I believe I should include in my request, however I just don't know how to put a number on the pain and suffering as it really did have a great negative impact on my life and it was 0% my fault!
Posted: Tue Feb 05, 2013 06:18 am Post Subject:
Treating a soft injury for 8 months? What kind of treatment? This could be a massage... it could be surgery. There is a _little_ difference.
You mentioned a Chiro. Eight months of chiro for a soft tissue injury is going to be considered excessive.
Can you support your claim of lost work? Letters from your employer perhaps?
I can't place a number on your pain as you've not posted enough information. It would take a full review of your medical treatment and notes in order to know this. We'd also need to know where you are located, how old you are, what prior conditions you had, what kind of work you do, etc.
Posted: Tue Feb 05, 2013 07:01 am Post Subject: more specifics
I am 33. I have lower back issues due to a condition I was born with, but no other issues. Why is eight months excessive, I wasn't getting better and my range of motion in my neck was quite limited making it difficult to drive and turn my head etc., I only did what my chiropractor told me to and considering I was still having trouble I figured I needed to continue with my appointments. I experienced headaches 3-5 times a week which I have never had a problem with before, the headaches have subsided but I still don't have full range of motion in my neck. I am a mailroom/ warehouse assistant I deliver mail and packages, I could get proof from my employer that there was extra hours available that I was unable to take shortly after the accident. I live in Oregon, As for the treatment I received it was adjustments three times a week for the first three months, then three months at two times a week and then for the last two months I went in once a week. Are you saying that my claim is bloated or that my treatment will be considered unnecessary beyond a certain point, how can anyone tell me that, considering that is how long IT DID take to get back to "almost" normal?
Posted: Tue Feb 05, 2013 03:26 pm Post Subject:
I have lower back issues due to a condition I was born with
andI only did what my chiropractor told me to and considering I was still having trouble I figured I needed to continue with my appointments
andAs for the treatment I received it was adjustments three times a week for the first three months, then three months at two times a week and then for the last two months I went in once a week. Are you saying that my claim is bloated or that my treatment will be considered unnecessary
Your claim will certainly not be looked at favorably. But, it was quite nice of you to help the chiropractor pay for his time share on Maui, though. Hope he sends you a postcard from there the next time he's on the island. He owes you that much.
I don't suppose it ever occurred to you to seek the services of a MEDICAL PROFESSIONAL, such as a physician or orthopedic surgeon. The fact that you have a spinal condition dating from birth may actually be connected to your lack of response to
* * * * * * 70 * * * * * *
chiropractic "adjustments". (FYI -- those HMOs and PPOs that include chiropractic benefits usually limit treatments to 24 visits per year. You've had three years' worth of treatments with no results -- that's why HMOs and PPOs don't pay for unlimited chiropractic services, they are of limited value. And auto insurance companies think even less of them in cases like yours.)Ask your chiropractor how many times he's been called to testify as an expert witness in cases such as yours. If the answer is NONE, then you might begin to get a clue that he's only treating you for the money and that you should have little expectation of recovering more than one-third of what you've wasted on his services.
Your "range of motion" issues in your neck could be the result of your chiropractic adjustments more than from the original collision. Ever consider that?
Go to a real DOCTOR and find out what's really wrong with you. Maybe you have a bigger lawsuit to file against the chiropractor for malpractice than against the driver of the vehicle that collided with you eight or nine months ago.
For everyone else who reads this post . . . you need to start your medical treatments with an MD not a DC. The MD may later refer you to a DC as an alternative to surgery in some circumstances. That's very different than starting with a DC who will graciously empty your wallet and keep you coming back for hundreds of adjustments for no apparent reason.
Posted: Tue Feb 05, 2013 03:37 pm Post Subject:
my medical bills totaled 6600
What portion of this $6600 was billed by a hospital or person with an MD following his/her name? If all of this "medical" expense is from the chiropractor, expect to be offered about $1500 to $2000 for your total claim . . . $3000 if you're lucky. You will not get anywhere near 100% of the chiropractic bill paid, and it significantly impairs your "pain and suffering" claim.
I suppose you could turn to a personal injury attorney to "fight" for you. He'll definitely get 30% to 50% of your settlement in return for the little effort he puts into that.
I could get proof from my employer that there was extra hours available that I was unable to take shortly after the accident.
Sorry . . . but this won't count for anything. Compensatory damages are based on hours actually lost, not extra hours you think were available.
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