QuestionQUESTION: Hi there, we were rear ended by an uninsured motorist 2 wks ago today, then pushed into the car in front of us. My 2 kids (8 and 11) were with me, both suffered concussions that were not caught until 2 days later since they were checked at the scene and let go. I went via ambulance to the ER for neck, back, head pain. I was let go from the ER to follow up with my doctor after head and neck CT and exrays revealed no broken bones. I have had numbness of my left arm and 2 fingers since, agonizing back and neck pain, anxiety, dizzyness and have been to a spine specialist and had an MRI. This reveals a disc bulge and another minor bulge, and am now in physical therapy. I am in so much pain it makes me wonder how people somtimes can live like this. My kids physically are better, still headaches, mostly at night, and my 11 yr old is suffering terrible anxiety, crying and sleeplessness. His doctor says to give it time. I am out of work indefinitley as I am an RN and must be able to lift / turn patients so for now its at least until 4/14. When does this end? I have UM coverage of 25/50 and 2 cars on the policy which in my state allows for stacking. My collision policy has settled the car, it was totalled and all should be paid out by this Monday. I tell you that it would make my LIFE if my ins company would just give me my max amt of $100,000 and let me and my fammily heal and not worry about missing work at this time. I have missed many shifts, get no sick pay, missed going to work at a strike in PA, and had to turn down a great med/mal legal case review so far because of all of this. That is A LOT of potential income. So far medical has been picked up by my health insurance, but dedictibles alone have cost me $500 out of pocket, rental car over a hundred, did I mention this happened the day the kids spring break started? So there went a missed beach trip that I had to FIGHT to get a refund for. This has been a nightmare at best, but I can't wake up. I fear financial ruin while waiting to see if I will get "better" enough to consider a settlement for myself and my kids. With my bulges of my discs, this could and probably will haunt me for my career. Assuming I get better and back to work, if I ever get a back injury on the job, I now have a "pre existing condition", so I'm screwed. I've seen it happen to many a co worker. And doing what I do for a living, its highly possible. I need help, I need guidance. I dont want an attorney YET because my max recovery is only $100,000 and realize he'd take $35,000 off the top. My medical alone in the next 2 weeks will top out probably at least at $10,000 to pay back BCBS. Lost wages is hard to say, but potential could be in the $25,000 range at least, I've made $10,000 in a med/mal review case in a week before. HELP ME PLEASE!! I feel I am dying a slow painful death, and my finances are following me.
ANSWER: Linda,
I will offer whatever help I am legally able to offer, but it seems to me you have a contract issue. Seeing as this is an uninsured motorist claim, you will have to utilize the language in your policy along with the tort laws which govern in your State. Even at the risk that you will disagree and think I am full of it, I must provide you with some information that will likely be used against you. Keep in mind that I have handled hundred of injury claims and ordered hundreds of peer reviews on cases just like yours. I am not blowing smoke when I make the the following two statements:
1. Although there are no hard and fast rules regarding the length of time it takes for a disc to appear degenerative following a herniation, a safe general rule would be a period of (3) to (10) months (any doctor or chiropractor will agree). So if you had an MRI within two weeks of the accident, and there is evidence of a degenerative disc, then it is likely that the bulge/herniation was not a result of the auto accident, but rather a pre-existing degenerative condition.
2. An accident that is serious enough to cause multiple disc bulges would most likely result in other serious injury requiring hospitalization.
I don't think you will be able to get the maximum limit on your policy. If you have a doctor directing your treatment, you should utilize him/her to provide you with written diagnosis and prognosis to support the extent and severity of your injury. I will also say that if you were to provide me with the State where this occurred, I could better evaluate the value of your claim. The tendency of the venue where this accident occurred has a big impact on the value of your injury. Without the exact venue information, this general answer is the best I can do. I am also available by telephone, and almost always answer. Information is always free at Petty Details, LLC. Check us out on the web if you would like a more personal consultation, we are not a law firm, and we cannot charge for our opinions or input as it relates to a third party's insurance claim.
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QUESTION: I'm not clear on what you are saying, that the time it takes for a disc to "degenerate following a herniation" makes no sense to me. A degeneraton CAN CAUSE a herniation or bulge; OR an acute injury can cause it as well. So my MRI within 2 weeks of the accident showing BULGES has nothing to do with which came first the bulge or dengeneration, it merely shows bulges have occured. It is NOT a diagnostic tool for degeneration. A bulge showing on an MRI a week after impact can absolutely be acute and same with a herniation and rupture of a disc showing up immediately after a fall or accident. These are medical facts. This along with the fact that I have never had neck pain before this accident, and never sought care, never complained, along with the numbness makes a hard case for it being acute onset, pretty obvious. I will get my doctor to clarify in his notes that this is sudden onset as it is associated with the numbness in my left jaw, shoulder, arm and last 2 fingers since the moment of impact. The pain in my upper and lower back to me feels like soft tissue damage (probable whiplash) and probably is aggravated by the fact that I am carrying myself differently etc. Plus my central nervous system is in lockdown due to this pain.
I am not saying you are "blowing smoke", your opinion is what I came looking for, but I also disagree with the fact that I should be more hurt if the accident were serious enough to cause bulges. My kids had no direct head trauma and both sustained concussions. Why was this not found for 2 days? Because the accident didn't "look" that bad. An attorney would rip that one apart to say that the accident would have caused MORE injury if it was bad enough to cause neck injury. People die from head trauma every day due to a simple fall, so that statement is laughable. I agree that this case will be scrutinized and picked apart but truly feel that my activity and health prior to the accident will come into play as well. I will follow up with my spine doc to make sure his notes, diagnosis, and prognosis are clear. This accident took place in South Alabama just for more information that you wanted. Also, you said nothing about the kids. Will there be a settlement offer for the kids? So with at least about $25,000 in lost wage potential and $10,000 in medical to pay back, you think $65,000 for 3 people would be outrageous? I guess I disagree. Its not even 2 x's the actual expense.
AnswerYour venue increases the value of your claim. It also explains to me your belief about acute trauma and disc bulges. I am not a doctor, so I will refrain from making an opinion about your condition. You know you, and that it why it is so hard to give good advice. I would say that you are in the top 10% of people who are likely to get a fair settlement without an attorney. What is fair is the question.
Personally, if I were the adjuster, I would ask you for a comprehensive medical history, doctor's notes advising you to refrain from work. Doctor's notes in relation to the diagnosis of concussion for the kids, proof of income, your height and weight, and I would run an ISO history search on your social security to see if you have ever filed any other type of claim.
With all that being said, based on your description of your injury, $100,000 would not be nearly enough to compensate you fairly. Getting your policy limits will require awesome documentation. I can help you do that for free. I would suggest getting a feel for the adjuster first, you may be making this harder than it has to be, they might just offer up the limits if you can show medical necessity of over $10000.00 of "hard medicals", a recommendation to refrain from work from your doctor, and a W4 or equivalent proof of your income. The potential for income has to be proven by showing a history of income, you know?
I hope this helps, and I remain here to help and guide if you need it. I don't think we disagree, it's just that I'm not injured and can look at your case without any emotion.
JP
