QuestionHi Dr. Settlement,
First of all, I would like to thank you for this helpful service, your advice is wonderful and appreciated.
I was involved in a MVA about a month ago. I was rear ended by a 10 passenger cargo van (with a huge metal grill/bumper) that was hauling a circus ticket booth.
He told me at the scene that "My brake no good. Sorry." He spoke very little English. So apparently due to his heavy load he couldn't brake. I immediately felt back pain. Went to ER same day diagnosed with back sprain. Went to chiropractor 2 days later because I couldn't take the pain meds and work. I'm a pediatric nurse at a very busy clinic and they couldn't afford for me to be gone.He diagnosed me with bulging disks. MRI confirmed that(every cervical disk is bulging and a bulging disk at L-5/S-1 no neural encroachment) and I have severe whiplash. I now have developed shingles due to the stress and I think working with the pain.
My questions are:
a)When dealing with a commercial insurance company would I be better off going with a lawyer? I hate the thought of it.
b)Since there is potential for future treatment necessary and possibly a career change due to my job requirements-should I ask for 4 times the medical bills? (Currently med bills are over $6,000 and property damage is $3,000)
C) Can I ask for pain and suffering on the shingles?
D) There was construction on the road with lane closure so traffic was backing up causing me to brake quickly. Can that affect who is at fault?
Thanks again for all your help and God Bless You!
AnswerDear JoRene,
Thanks for your kind words and the blessing: I can use all the good white light you sent.
You have A VERY SERIOUS AND HIGH VALUE INSURANCE INJURY CLAIM, and I like nurses and all that you do, so, as a professional courtesy to a badly injured hero. I am going to spend at least two hours researching and giving you what you need to settle this on your own. I will divide your answer into these eight topics:
1. Insist upon 100% liability in the tortfeasor.
2. SERIOUS INJURIES—GET TO A SPECIALIST ASAP.
3. Shingles as consequential damages?
4. Narrative reports settle insurance claims.
5. Be prepared well in advance for an IME demand.
6. Your valuation is way light for actual bulging discs.
7. Do it yourself personal injury insurance claim settlements.
8. Effective communication with insurance claims adjusters.
Ready, JoRene? OK, Let’s get started in the same order as written above.
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#1. Insist upon 100% liability in the tortfeasor.
First let’s take the issue of liability. It is a rare case where the following vehicle gets to claim neglingence on the vehicle in front that is rear-ended. It would take something like failure to pay attention leading to an emergency skidding stop. WE DO NOT HAVE THAT HERE, SO DO NOT ACCEPT ANY DEDCUTION FROM YOUR AWARD FOR COMPARATIVE NEGLIGENCE.
It is the duty of the following driver to be on the lookout for causes of sudden stops, and to operate his vehicle in a manner that will allow him to safely stop quickly. In this case, the mass of the vehicle behind you may have been a precipitating factor in that the stopping distance was thereby extended beyond normal. Hence, it was the duty of that driver to leave double the room normally left between vehicles. He is NEGLIGENT, and DO NOT even listen to any talk to the contrary.
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SERIOUS INJURIES—GET TO A SPECIALIST ASAP.
At www.SettlementCentral.Com serious auto accident injuries are treated differently than normal soft tissue injuries. We DO recommend chiropractic for soft tissue injuries, but in your case, you will need to go to specialists for two reasons.
First, we do not want victims with bulging discs to use only chiropractic. There may be other methods to relieve the pressure that is causing the pain. Medical doctors are best to devise a plan of how to treat bulging discs both short term and long term. Medical doctors can also employ chiropractic as one of the treatment modalities.
I am going to suggest that your chiropractor make a referral to a neurologist. She will know a neurologist who will continue to use the chiropractor. Once there, see how things go, and consider getting a second opinion from an orthopedic surgeon. You do not want to use him as the primary care giver here, but make him “bless” the treatment plan of the neurologist.
This is all done to get the best medical care for what is a MOST SERIOUS injury. These are lifelong injuries to your body, and you best get the most talented doctors involved. It is YOUR RIGHT under your insurance.
Moreover, the chiropractor can neither diagnose nor treat your shingles. You need a medical opinion to diagnosis the etiology as stress induced by the accident. Actually, even a psychologist could comment upon the effects of such stress. But this is another reason to seek help from the medical profession specialists.
Second, your serious injuries will not be compensated if you limit yourself to a chiropractor. Yes, they are best in normal soft tissue injury cases. But in a case of this seriousness, you can expect to get resistance to a demand letter for full value if all you have on your side is a chiropractor.
Hence, the neurologist and the orthopedist. They are best both medically AND FOR GETTING A FULL VALUE INJURY INSURANCE SETTLEMENT. Insurance companies give great weight to opinions of orthopedic surgeons and neurosurgeons. http://www.settlementcentral.com/page0052.htm in personal injury insurance claims.
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#3. Shingles as consequential damages? STRESS & BRAIN INJURY
You ask if you can be compensated for your shingles. In truth, you can collect for any number of damages that could be casused by an auto accident trauma, BUT ONLY IF YOU CAN PROVE THE NEXUS BETWEEN THE TRAUMA AND THE DAMAGE FOR WHICH YOU SEEK COMPENSATION.
Hence, the need to get both a diagnosis and treatment for your shingles. As you can see from my research below, stress is the only possible connection between the trauma and the shingles.
Here is a general article on shingles:
http://www.healthnewsflash.com/conditions/shingles.htm
Here is an author who cites stress as a factor.
http://www.medicinenet.com/script/main/art.asp?articlekey=77963
“The immune system becomes less efficient with age. It is believed that this is the reason that shingles is more common in the elderly than in younger people, but the exact reason why the virus begins to start reproducing again is unknown. Stress can also weaken the immune system. Studies have shown that persons experiencing significant psychological stress are more prone to infection than those who are not under stress. For this reason, stress can also precipitate outbreaks of shingles in some people.”
Here is a lay author’s collection of information on stress as being a precipitating factor in awakening the small pox virus so as to bring about shingles.
http://ezinearticles.com/?Stress-Causes-Of-Shingles&id=529738
Here is an article that cites stress and fatigue as factors:
http://www.emedicinehealth.com/shingles/article_em.htm
“No one knows for sure what causes the chickenpox virus to become activated to cause shingles. Some possibilities include the following: Stress; Fatigue”
NOTE: DO NOT CITE FATIGUE, since that is not going to be seen as a consequence of trauma, unless a psychologist will connect the two.
HOW DO YOU GET COMPENSATED FOR STRESS—or interference with normal daily living?
If you seek to make that connection for purposes of compensation, then you first have to ask yourself in what situations can I be compensated for stress? The answer to that is not clear, but if stress is a consequence of trauma, we usually find it in some form of: (a) fear of driving or fear of riding; or (b) nightmares of repeated accident scenarios; or (c) chronic pain induced stress; or disruption of or inability to perform normal daily activities, resulting in stress.
All of these are called negligent infliction of emotional distress. It is NOT provable in a personal injury action UNLESS it is introduced by the opinion of a doctor (M.D.) or a psychologist (Ph.D).
This brings up the whole topic of post concussive syndrome. I know that you were HIT REALLY HARD because of the injuries you sustained. My bet is that if you had a slow motion camera in your car, you would see that you hit your head on something. You were thrown violently backward and then violently forward. Could your head have hit anything on the way back or the side window on the way forward?
You likely had a traumatic brain injury just from the violence of the impact. There are plenty of cases in which doctors and engineers proved a concussion to the brain from a violent whiplash. You might do some research on that. Any concussion will subject you to the kind or results that would explain the stress and weakening or your immune system that could have reawakened the virus that produced the shingles.
Research traumatic brain injury, and especially post concussive syndrome and you will see some of the symptoms of that condition. My bet is that you DO HAVE A MILD BRAIN INJURY. It is untreated for two reasons.
First off, you most likely denied any head trauma or loss of consciousness, right? Second, if there is no loss of consciousness and no complaints of the symptoms of brain injury, most doctors who are called upon to treat injuries will not make referrals to have the patient tested for brain injury.
Let’s first examine what is a concussion and what is a loss of consciousness. You likely DID HAVE A CONCUSSION, that much is possible, given the extreme violence of the collision. So, whether you hit your head on something, or brain trauma was caused by the violent whiplash, traumatic brain injury could easily, and probably is, in play in your medical condition and your claim.
Post-concussion syndrome, also known as post concussive syndrome or PCS, is a set of symptoms that a person may experience for weeks, months, or even years after a concussion, a mild form of traumatic brain injury. As many as 50% of patients who have experienced concussion have PCS, and some sources say as many as 90% of patients experience post concussion symptoms. People who have had concussions may experience physical, mental, or emotional symptoms. Symptoms can appear immediately or weeks to months after the initial injury.
Physical symptoms can include:
• headache
• dizziness
• impaired balance
• nausea and/or vomiting
• fatigue or sleepiness
• inability to sleep
• decreased libido
• sensitivity to noise or light
• ringing in the ears
• double or blurred vision
• decreased sense of taste, smell, or hearing
Emotional symptoms may include:
• irritability
• anxiety
• restlessness
• depression
• lack of emotion
• emotional lability or mood swings
• lack of ability to tolerate stress or alcohol
• aggression
Cognitive or mental symptoms can include:
• amnesia or difficulty remembering things
• confusion or impaired cognition
• impaired judgment
• slowed cognitive processing
• difficulty with abstract thinking
• difficulty concentrating
• decrease in work performance
• decrease in social skills
LOSS OF CONSCIOUSNESS—not essential to diagnosis of post concussive syndrome, but sometimes the length of time unconscious will be used to judge the degree of the brain injury.
The patient is typically the primary source who is asked the most significant question: Did you lose consciousness as a result of your injury? Most of my clients who actually later recalled that they did not remember moments just after being struck in the head, AT FIRST DENIED ANY LOSS OF CONSCIOUSNESS TO THE POLICE AND TO THE EMERGENCY ROOM.
WHY? First, most people equate loss of consciousness with being unconscious for some time. But in fact, “loss of consciousness” means loss of conscious awareness. Hence, loss of consciousness can range from being briefly dazed to several days of coma. In fact, in order for a brain injury victim to answer such a question, they would have to undergo extensive examination recollecting past events. Any change in mental state can be significant in understanding a patient's condition and if loss of memory (amnesia) occurred immediately before or after the trauma.
When your head was thrown violently back and forth, or perhaps struck on something, probably there was a brief loss of consciousness. Even if you never before reported it, now is the time to correct your records with a letter to your doctor explaining that you DID have a brief loss of consciousness.
Loss of Consciousness http://www.settlementcentral.com/page0134.htm After Accident or Injury
How do you correct records with the medical providers and the insurance adjusters? http://www.settlementcentral.com/page7004.htm Letters to insurance claim adjuster. While this is designed for self help claims, your attorney could write the same letter, even at this late date. Better now than at trial.
This page talks about how to confirm conversations with the insurance adjuster
http://www.settlementcentral.com/page0460.htm with loss of consciousness notify the insurance adjuster as soon as you recall it. Naturally I do NOT want to second-guess your attorney, but I would bring up to her the fact that you now recall loss of consciousness and lobby for her to let you write to correct your records.
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#4. Narrative reports settle insurance claims.
Because of the serious long term consequences of your injuries, I would also CONSIDER USING A DOCTOR'S NARRATIVE REPORT to assist in settling the insurance claims.
Cryptic notes may be medically significant, but why make the insurance adjuster struggle to figure out the significance of the injuries? A narrative report or letter spells things out so the adjuster can see, read, and understand the doctor's diagnosis and prognosis and her record of the problems and pain and suffering you have endured.
Plus, narrative letters can tie together the trauma and its after-effects in a way that is authoritative.
We recommend that claimants almost always include some type of typewritten medical information to accompany to computer coded medical records and/or handwritten records. That is the first clue as to when to use the narrative report: if you are asking the adjuster to evaluate your claim on the basis of handwritten records and/or computer coded records that indicate diagnosis and treatment codes, then you need to supplement the record with a narrative report.
We have a lot of free legal tips on insurance claims settlements using doctor narrative reports http://www.settlementcentral.com/page8003.htm You can get information there as to how to ask for a narrative letter and what it might cost. Talk to the doctor's office manager about it.
Since you would not be asking for a narrative report until much later after you have healed, make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through. Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm
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#5. Be prepared well in advance for a so-called “Independent” Medical Examination (IME).
With such serious injuries, the value of your claim will far exceed what the insurance is prepared to pay, based upon your treatments mostly with chiropractic. Hence, you can expect that yOur doctor’s records and professional expertise will NOT support the full value of your claim and that she will be attacked by means of the insurance IME.
Even on first party (i.e. your own company) claims, the latest tricks of the insurance industry regarding the early use of so-called “Independent” Medical Examinations (IME) is an abuse that you cannot prepare for on your own. Here is an article that explains how those “you are in good hands” folks are abusing the no-fault system via means of ordering early use of IMEs through prostitute doctors. http://www.nylegalblog.com/2008/02/ny_insurance_companies_latest.html
www.SettlementCentral.Com members learn about IME tactics, and we do feature a complete module with a lot of information and forms for those who are required to undergo an IME. So just that asset alone could be of great benefit to anyone who has to be subjected to an IME, and our own suggestions, if followed by the claimant, can make a huge difference in the outcome of the IME.
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#6. Your valuation is way light for actual bulging discs.
A formula, as you have read about elsewhere, DOES NOT WORK with bulging discs. One would need to get some written opinions as to the prognosis, especially in your profession, where bending over, stooping, and carrying loads up to 25 pounds are all part of your daily routine.
How can the cost of one visit for the MRI or the one doctor’s office visit have any bearing on the value of these serious injuries? There is no relationship whatsoever. Now, if one wanted to add in the costs of a surgery or two, then something approaching value could be the result of a formula.
If you truly have bulging discs in the lumbar area and cervical area, then one would anticipate that these will expose you to MUCH GREATER risk of incapacitating and disabling pain and suffering with (1) any little aggravation of the neck or back, and (2) the normal aging process. So, get a MEDICAL SPECIALIST to say that, and you will be on your way to handling your own claim successfully.
Depending upon that medical report, contact me again once you are fixed and stable and we will discuss valuation. It could be anywhere from $25,000 net in your pocket to over six figures, depending upon the severity and the doctor’s prognosis.
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#7. Do it yourself personal injury insurance claim settlements
You asked about an attorney. Commercial insurers are no different than other insurers: the battles will be the same. I think that you are more than capable of handling your own claim. Certainly you are far ahead of most members of www.SettlementCentral.Com who get excellent insurance settlements. Can you find the time to do it? Well, as it turns out, hiring an attorney is not going to save any time, and it might even cost you MORE time (see link below).
REASONS WHY MOST PEOPLE CAN AND SHOULD SETTLE THEIR OWN PERSONAL INJURY INSURANCE CLAIMS ON THEIR OWN, WITHOUT AN ATTORNEY
#A. It is Legal and Advantageous to Settle Your Own Insurance Claim
You Do NOT Need a Personal Injury Attorney for http://www.settlementcentral.com/page3013.htm Most Insurance Injury Claims
Do-It-Yourself Personal Injury Claims; Eliminate Attorneys' Fees http://www.settlementcentral.com/page3011.htm Save Thousands of Dollars Settling Your Own Insurance Claim
#B. You Will Save a lot of Money Settling Insurance http://www.settlementcentral.com/page3014.htm Injury Claims Do It Yourself
Take a look at these graphics to get an idea of how much one will save by doing this on your own—although this is a tiny result compared to the value of your claim.
#C. You Will Also Save Time Settling Insurance http://www.settlementcentral.com/page3015.htm Injury Claims Do It Yourself
Look at this chart, and you will see that hiring an attorney will take as much or more time than doing the insurance settlement on your own.
Whether you hire an attorney or use a do-it-yourself approach, YOU will be required to devote some time to your claim in order to achieve a satisfactory settlement. If you hire an attorney, that attorney will give you certain tasks to perform so the attorney can be prepared to negotiate a settlement on your behalf. There is no way around this!
Remember that you will have to devote a substantial amount of time educating the attorney and the attorney's staff about the facts related to your claim.
#D. Blind Dog Syndrome
A great many insurance injury settlements could be obtained by a blind dog with a note in its mouth. Why waste your money supporting attorneys when you can do-it-yourself? Even if the claim is not so easy that a blind dog could get your settlement, if there is no real challenge to the liability or the medical treatment, why not save money and settle your own insurance injury claim?
BASIC INFORMATION ON PERSONAL INJURY INSURANCE CLAIM SETTLEMENTS
OK, JoRene, now that I have answered your questions, let’s look to www.SettlementCentral.Com free insurance injury claim settlement tips.
Here is a series of pages that you can review. Take what makes sense to you and don't worry about the rest. Just get a flavor of how the system works without spending a ton of time right now.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Managing Medical Care After Auto Accident: http://www.settlementcentral.com/page0203.htm
Medical Care Documentation-the Key to Successful Personal Injury Insurance Claim Settlements http://www.settlementcentral.com/page0217.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
Outline of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0190.htm
Detailed listing of questions to be expected from insurance claims adjuster http://www.settlementcentral.com/page0207.htm
By the way, did you know that getting an early settlement is a favorite trick of the insurance adjusters? Please see my website wherein we show Insurance Claim Adjuster Secret Tactics http://www.settlementcentral.com/page0092.htm
Responding to Settlement Offer From Insurance Claims Adjuster http://www.settlementcentral.com/page0244.htm
Do It Yourself Advantages, or do these claims need an attorney? As for an ATTORNEY, it depends upon the total insurance available. If there is only $50K tortfeasor limits and $50K UIM limits, then I would either make a deal on greatly reduced fees or do it yourself. Why should you pay someone one-third to do what you can do yourself?
Without having to join my website, I have given a lot of free information on handling insurance claims without having to join as a member. Read the module at "5 Easy Steps to Do-it-Yourself Insurance Claim Settlement" http://www.settlementcentral.com/page0102.htm
This stuff is not rocket science, but it will take some effort on your part to read and cut and paste letter examples and to communicate. But hundreds of people are doing it each day, and they are getting good results.
What if you get only two-thirds the way to your settlement goal? Well, you can get as big a settlement as you can and then turn it over to an attorney and save a lot of fees. Thus, you could go it alone just to get an insurance settlement offer, and then take that insurance settlement offer to a personal injury attorney, thus exempting the amount of the offer from her fees. Do It Yourself Personal Injury Settlement Offer Reduces Personal Injury Attorney Fees http://www.settlementcentral.com/page0109.htm
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8. FINAL TOPIC, JoRene: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra 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
