QuestionIn July - 08 Our van was stopped, and a commercial 26 ft box truck traveling
at over 60 mph rear ended us, dragging us more than 200 ft, and almost
pushing us over the side of a bridge. Our van was totaled. My husband
(driver) had minor injuries, but I am having huge problems with my lower
back and shoulders. I am not a "doctoring" person, nor do I want to "go for
money", but we do need to settle this claim... and I am not sure what to do. I
have seen my family physician, pt, chiro and now been referred to a pain
specialist who wants to burn the nerves in my back along my spine with a
laser to reduce pain temporarily. This procedure would need to be done
every 10 - 12 months... forever. I don't want to do this, as I am fearful I may
loose more movement in my spine... there is a 38% chance that would
happen, but If I don't do it, then I am refusing treatment... I cannot stand nor
walk more than a few minutes without having to sit down, and the pain is so
severe it raises my blood pressure -- so now I have those meds to take, too.
I have had to have our laundry room modified to help me, I bought robot
vacs for the rugs, I use an office chair on wheels to get around our house,
and I have to have our grown kids come to help keep up with our housework.
My husband is doing all the other chores around here. I can't ask them to
keep that up forever, but I can't afford to hire outside help. I am
embarrassed I can't do my work, I had to quit my job (I was a self employed
author/public speaker) I never dreamed I would end up like this, I am only
53. the laser treatment would cost between 3K -4K per year, plus the cost of
the dr. visits, but our insurance adjuster (seems like a really nice guy) said
because I only have "soft tissue" damage, they can only settle for the medical
expenses plus $5,000.00. Plus, they think because I am overweight my back
problems may stem from that... I am afraid to take that offer because I know
eventually I am going to have to do something more than I am doing now...
but he has a point, I have "stopped" treatment at this point, because I just
cannot make myself try that spine/nerve burn thing... I would really rather
not get attorney's involved unless it is a last resort. Do you have a
suggestion? I just want my life back! In June before the accident I was riding
horses through the mountains in colorado, .... now I cannot walk a quarter of
a mile to our lake to fish... what to do, what to do... I am afraid that if I don't
get this worked out, I will miss the window of opportunity to file a claim.
Plus, it seems like my only medical option is to have those nerves severed...
and, like I said, that just scares the snot out of me... Please help.
AnswerHello Dori,
I am sorry to hear your are in this situation. You do not want to stop treatment, or the insurance company will assume that you are 100% recovered or that you are "making" up your pain. You do not have to that specific treatment, talk to your doctor for some other solution, something that makes you feel better.
Remember, insurance companies will be looking at gaps on treatment and will use them against you as if you were recovered.
As you outlined, there is a big possibility that you will need some more medical treatment on the future. You need to account for that. You do not know if this will need surgery and what other treatment you need.
I usually do not recommend to get attorneys right out of the gate, but in your case, you really need to consider one. They will help you evaluate your claim and help you account for future treatment, wage loss, and pain and suffering.
Here are few articles that can help you see all the damages you are entitled to Please see:
http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html
Follow the links above for more information about how to document your claim.
To get an attorney, you can visit the following link for one near you.
http://www.auto-insurance-claim-advice.com/find-a-lawyer.html
Good Luck,
Anne
http://www.quirogalawoffice.com
