QuestionQUESTION: I was a passenger in an auto accident in Ohio in June 2010. We (Expedition) were rear ended by the other driver (PT Cruiser) and her car was totaled. She stated she was only going 10 mph but I know it had to be much faster. All the other passengers had whiplash and have since been treated and settled with Erie Insurance.
I have had many more medical problems since the accident. I was diagnosed with PTSD and Post concussion syndrome. I had severe anxiety after the accident along with migraines, memory problems and vision problems. I was unable to drive for 6 weeks after the accident because I was not able to remember where I was going and would end up somewhere completely in the other direction of where I was going and not remember how I got there. I was treating with a chiropractor, psychologist, psychiatrist, and neurologist along with my family doctor. I did not want to get on any medication to help with my symptoms due to breast feeding, but after five weeks I was so miserable and all of my doctors strongly suggested me to quit breastfeeding and get on medication. I was off work (doctor approved) for 3 months. And my lost wages totaled about $9000.00
For six months I dealt with all of my issues and the majority of them had improved leaving me with back pain and memory problems. And the migraines were just one every few weeks instead of daily. I was then in a second car accident. I was rear ended at a very slow speed (only a scratch to my car) but it irritated all of my previous physical injuries. My chiropractor then ordered an MRI of my t spine (because I did not heal nearly as quickly as he expected from the first accident) The MRI shows a protruded disc at t8-9 and a displaced disc at t1-2 with thecal sac compression and w/o nerve compression.
I also went and saw a neuropsychologist for testing due to my very poor memory. He stated that my issues were evident on the tests and due to my history of multiple mild concussions in high school (3) that my chances of permanent or long term damage were high. The doctors are all at a standstill because they are not sure what if anything more they can do for me for the remaining problems. My questions are
1. How will the second accident effect my settling with the first accident?
2. Will I be able to claim the long term MTBI even though it is partly related to my high school concussions? I had no problems with memory before the accident.
3. The first car accidents coverage is 100,000/300000. I also have 100,000 uimbi coverage on my policy. My total medical bill are approximately 14000.00. What range of a settlement am I looking at with and without a lawyer?
ANSWER: Kelley,
You have a case that needs an attorney. I will provide you with the best info I can based on what you have told me. . .
The thing that will make or break your case is the medical evidence. You can say all you want about how bad your memory is or how much pain you have endured or how many headaches you've had or how scared you are about driving, but unfortunately juries don't normally award big money based on just somebody's "sob" story, they have to have evidence.
Your medical evidence has to be clear that any documented problems are the result of the auto accident and not just complications you could have had anyway.
So the second accident is just that, a second accident and what it aggravates is what it should pay for. It may affect the first claim as you will have some overlapping treatment if you weren't finished treating for the first wreck. As for the MTBI, you can definitely claim it and I think that the "eggshell" rule applies. I won't go into detail on the eggshell rule, but you should be able to do a bit of research on it and understand it. As for the value of your claim with and without an attorney . . . .
That's a loaded question, it depends on your negotiation skill and the skill of your attorney. You could settle this for $35K or for policy limits, it's very hard to say without speaking with you directly and really researching the case and venue and reviewing the medical evidence and crash photos and speaking with everybody and so forth. Just not enough information can be provided in this forum for me to give you a good dollar amount. Most of the time an attorney can get a little more for you in these types of cases. Just the real threat of a trial will make the insurance company be a little more reasonable.
Sorry for the delayed response!
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QUESTION: Thank you for your response, I just have one more question. I know that everything medically has been well documented and the first injury with the mtbi insurance company (Erie) seems to be fair. They settled with the other passengers in the car for an amount equal to there medical bills for the whiplash injuries. (Medical bills equal approx $1500.00 and they received that plus $1500 pain and suffering on the insurance companies first offer.) So my question is how much will a good lawyer really help me? Is it not common for them to be fair with me because they were fair with everyone else in the car? I really do not like the idea of getting a lawyer because they just seem so dishonest :) Probably not good to stereotype, but I can't help it :) I consulted with one attorney and let him know that I told both insurance companies about the other (as my agent told me to) and he said he would have tried to settle without the other company finding out. It just seemed dirty to me so I didn't sign with him. I really want this whole nightmare to be over!
AnswerI'll refrain from making any opinion about attorneys as I know both good and bad ones. I agree with your philosophy of trying to get it handled on your own without an attorney. I can't speak for all carriers or adjusters, but I know that I never cared whether there was an attorney involved or not. I made the same offer with or without an attorney being involved. A suit is different. If there is an actual suit then it normally will cause the offer to increase because of the increased cost associated with defending the suit. I know that I would never use an attorney because I am a seasoned negotiator, so if you can negotiate fairly well, then you should be okay. Don't get emotional about the case and simply play the game (offer and counter offer, and repeat). You should be able to get a good settlement. You come across as level headed, so just be persistent and keep at it. Document the best you can and try to negotiate completely in writing.
JP
