QuestionHello,
I am the pedestrian that was hit by a car during my lunch break. I suffered a strained knee (with the possibility of cartralidge damage), PTSD, and GERD (from all the medication). I was only on the job about 6 weeks and have missed about 3 months due to this accident. I recently have gone back to work however only 4 hours a day at a slower pace. The other party has accepted 100% liability and the police report has the driver at fault. My medical bills are near $9,000 and lost wages about 13,000. All my medical bills are being covered under worker comps because I was hit on hospital property.
At work my boss tells me I have to start my probation all over again. This news has caused me lots of stress. During work hours I feel very nervous and have no confidence in myself. I have been taking medication for my PTSD and anxiety. I started feeling better however at work I get really nervous. I feel like I'm a new employee and I'm not meeting expectations. I have been working in this same field for nearly 6 years and can't get myself together.
I know I have a large claim however I don't know what to do next. The adjuster for my work informs me that the other insurance calls her every week for an estimate on my medical and disability bills. She also says they are very eager and inpatient to get a figure so they can expedite my claim.
Does this new stress I'm having at work impact my claim?
Should I try and go at this alone ? My employer states they will help me. I don't feel 100% physically nor mentally however I am on a major anti-depressant and anxiety medication. I am really confused.
Thanks.
Thanks
AnswerHello once again, Daniel, and thanks once again for the nice feedback you left for me.
I think that both of us need to go back and read my previous answers. I now see that my answer is incomplete in that I failed to emphasize two important parts I wanted you to follow through on, AND I left out one other important part of the answer.
First is the essential fact that you MUST get specialist help for your brain injuries and emotional distress. You CANNOT make such a claim properly without a specialist, such as a neuropsychologist.
Second, I told you that if you persist in representing yourself you will undermine any part of your claim that involves severe emotional distress. Hence, I would have thought that you understood that and by now you would have an attorney.
Third, I failed to mention that you are covered for Underinsured Motorist (UIM) in BOTH your own personal auto insurance AND your employer's auto insurance. Hence, you do have TWO UIM policies that will provide adequate coverage for your claims.
If I were the adjuster, I would LOVE to see you represent yourself since that TOTALLY UNDERMINES most of your severe emotional distress claim.
As for the work distress, I cannot speak for the neuropsychologist, but it would seem that your distress is due to your condition. Hence, it is compensable, as long as you quit trying to do this on your own. I cannot understand why you cannot see that very little $$$ will be paid on emotional distress if the adjuster sees that you are competent to handle this on your own. Your thinking of a large claim is a pipe dream unless you hire an attorney.
As for the calls by the adjuster to the employer, two responses to make: (1) tell the employer you are NOT going to settle this claim until you have some idea of being stabilized and in possession of a good prognosis that shows you have healed; and (2) tell the employer to tell that to the adjuster and to leave him (your employer) alone inasmuch as he will send monthly updates and THAT IS ALL. Tell the employer to tell the adjuster to quit calling him.
Make DARN SURE that your employer is not discussing your work or any other thing with the third party adjuster. I do NOT like the idea of these calls because I AM PRETTY SURE your employer is giving update information about you to this adjuster. HE IS NOT AUTHORIZED TO DO THIS, and it can, AND MOST CERTAINLY WILL, undermine your claim. So tell him to stop speaking with the adjuster and for her to send any inquiries in writing only.
As for getting to a neuropsychologist, that is something your attorney can best arrange. You MUST open your own PIP or Med/Pay claim under your own insurance, as I advised. That way, you get to pick your own doctor.
"I know I have a large claim however I don't know what to do next." ANSWER: (1) NO, you DO NOT have a "large claim" if you stubbornly persist in doing this on your own; (2) ignore the information in my first answer regarding doing this on your own, and read my second answer regarding an attorney and go and find yourself an attorney. Do it NOW, please. Otherwise, you will make the adjuster a poster boy in his office for one who settled a claim at one-tenth its potential value.
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
