Auto Insurance Claims: medical settlement, bayer back and body, preexisting condition

Question
My self employed partner was hit by someone almost two years ago and Nationwide repaired the work van quickly and to his satisfaction, he still has an open medical claim and they are about to make an offer.  He had disc problems and was scheduled for surgery in the January, therapy, rest and medication had gotten it in check and he canceled the surgery two months before the accident.  He he has been to several doctors since, is in constant pain but due to being self employed has been working himself despite great pain to support our family.  He has been under the care of a pain specialist for almost two years, taking Vicodin, have epidureals, taking muscle relaxer and such.  He has hired a helper to do as much of the heavy work as possible, learned to deal with the pain with Bayer Back and Body rather than narcotics, gave up all alcohol and such that may dehydrate spinal fluid but it is obvious to me that he is in constant pain.  He is surly, comes in from work and is not long out of bed and cannot do the slightest chores like feed his cat that require bending over.  He just wants to settle and has great distaste for people who collect amounts from suits with insurance companies  but I am worried that this is going to be much more serious in the future ......it has already effected my children and I in his interaction with them, his attitude and a lack of sexual function.  Should I encourage him to pursue this or is it too little too late or is he right, since he had trouble previously though not as bad he has no rights?

Answer
Hi Louise,
Since your partner had a preexisting condition that was exacerbated by the accident, the preexisting condition will lower the value of the claim, but his claim still has value.
Many factors go into the equation to determine the value of a claim, including, but not limited to, medical bills, lost wages, the cost of travel to receive medical treatment at $0.465 per mile and the severity of the injuries and their long term affect on his ability to function in his job and lifestyle.

All states have a statue of limitations in which a claim for bodily injury must be settled or he forever loses any rights for compensation, unless the injured party secures an attorney to file suit and extend the statue limits.

3 states have a 1 year limit, 23 have a two year limit and the rest vary between 3-6 years.  Since Nationwide is busy trying to settle the claim, I assume that you may be in a state with a 2 year limit.
Write me a follow up and tell me the state in which this accident happened and I will provide you with the time limits of that state.

In my opinion, your partner should make an appointment for a consultation with a personal injury attorney who has TRIAL EXPERIENCE.
In most states, the first visit is free or there is a very minimal charge of about $20 for the first 30 minutes.  This will give him a better idea of the current value of his claim and help him make a decision if it's worthwhile to file suit and enter a more aggressive treatment program.
I hope that you find this information useful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area