QuestionI was involved in a MVA back on 11/1/2004 in Cincinnati OH. This is in court.
This was a major MVA - other driver went left of center striking car driver headlight to drive headlight. Major damage to front driver side engine compartment and driver side door. Dash moved in 6 plus inches and door pushed in on driver side seet. I was removed from passenger front door. Dash and door came in on left leg. I had a 2002 Toyota Camery that met it's demize. It was totaled out. Propperty claim has been settled, medical not.
Insured car is primary and the driver of the car was a friend which I think is secondary in the process of this.
The other side is not deneying who is at fault, but the money aspect of medical and lost time. IME state that I could have been back to work in 72 hours in a relatively sedentary job, but I was a store manager at Graeters which was any thing but sedentary and the doctor performing the IME was made aware of that during IME.
I have had calcification show up in left breasat as a result of soft tissue injuries from seatbelt. Major contusion to breast and abdominal and left leg.
I was placed on work restriction of no work for two months and have from initial medical of $11,000. little less than half is related to chiropractic care. I have had a second x-ray and MRI which found small rip in meniscus. I had second round of PT. Which added up to almost an additional $4,000. My lost work wages totaled $5200.00. Soft tissue injuries to left leg - nerv damage to left leg and bulged discs - 2 with some flattening of spinal chord.
I had a miscareage a year, month and a day from the time of the MVA. Not able to prove injuries could have caused this. Became pregnant and delivered in feb of 2007. Last PT was in Sept. of 2006. NO PT sought after that due to being laid off from work. Money was a part of not seeking medical.
Since IME I went to PCP to review injuries. $99.95 vist after insurance. RX therapy tried. Some releif. I am experiencing more discomfort in my lower neck upper back due to buldged discs and left thigh and knee pain in colder weather. OTC drugs are not as effective as before. I am due to go back for follow up with PCP. She has been thinking of sending me back to the place I had second round of PT.
Other side is stating that my injuries that I am complaining about are not related to MVA. But what I am experiencing started the day of the accident and never had issues with prior to that day.
What do I need to do to improve my chances? I have been on the net trying to gather info to help case, but all in all just feeling discouraged and like a victim all over again. I have also documented how and what agravates my neck/back and left leg/knee. Other than that I have two MRI's, multiple x-rays and two rounds of therapy. Or am I just out of luck?
I am unable to send an image of my car at this time, but can send one later.
AnswerHi Steph,
I'm sorry to learn of your situation and wish to thank you for such a well written and definitive question.
By now, you fully understand that an IME is in no way "INDEPENDENT".
THAT DOCTOR IS A HIRED GUN FOR THE INSURANCE COMPANY, bought and paid for with their money. His sole job is to discredit your claim any way possible, including an examination, review of all your records, testifying against you in court and outright lying of he feels that he can get away with doing so.
In 2004, the statue of limitations in Ohio to settle a personal injury case was 2 years. That means that by the last day before the two year period that you either had to have signed a release and have a check in hand or have an attorney file a lawsuit against the other driver which extends your rights for an indeterminate time.
Failure to do one or the other and you forever lose all rights to recover even one penny from the at fault party and/or their insurance company.
Although you didn't make any statement about an attorney, I am assuming that you do have one and that he filed a lawsuit before the expiration of the statue of limitations.
I am not an attorney and can not provide suggestions for improving your settlement size once there is an attorney on record.
Your attorney has a duty to you to provide help and advice in order for you to secure the largest possible settlement.
If you feel that your attorney is not doing everything in his power to help you secure a proper settlement, and possibly not qualified to take your case to trial, you do have the legal right to secure a different attorney. Should you make such a move, your existing attorney would still be entitled to be paid for his work on the case.
Should you consult with a second attorney, be sure it's one with trial experience. He can give you more exact details of how a settlement would be divided if you retain a new attorney and fire your existing one.
I hope that you find this information to be of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
