QuestionI was in an accident Friday of Memorial Day weekend. A guy decided to make a uturn in front of me, totally his fault. My car was totaled (they already paid for that) I was hauled to hospital and xrays & the whole 9 yards. Ended up having upper back and neck pain and my chest lymps swelled about 2" off my chest. Still treating with a chiro at this time. I know they will pay all my medical bills, however, unsure of what $$$ amount for my own pain & injuries?? The doctor says my chest swelling may never go down. What sort of dollar value would you put on such a claim. I live in WI if that makes a diffence. Also, should I request a specif dollar amount, before I am done with chiro care? Or wait until Doc says theres not much more he can do?
AnswerHi Mari,
I first answered your question two hours after it was ask.
When I went to upload the answer to allexperts.com, their computer completely dumped my answer. I'm attempting again and hope it goes through.
It's impossible to even guess at the value of your claim until you are fully recovered.
In the meantime, start building two identical files containing copies of all your specials. Specials are all your losses, including Ambulance, ER visit, all medical and physical therapy bills, physical therapy bills, any prescription drugs, documented wage loss statement from your employer and the total round trip mileage driven for each professional which you will compute at $0.43 per mile, etc.
All insurance are anti-Chiropractor including auto, health and medicare, because he is treating you without the supervision of a Medical Doctor. When it's time to settle for pain and suffering, the total of your specials is an important factor. The adverse insurance company will only consider about 50% of the Chiropractor bill, as opposed to 100% of a Medical Doctor and the Physical Therapy received because he prescribed it.
You state that you were told by the "doctor" that the swelling of the chest and lymph nodes may never go down.
Were you told this by a real Medical Doctor? If so, you need to get a second and third opinion. This initial swelling was caused by the auto accident, but since that portion of your injury is not getting any better, it is now a medical problem. If your Chiropractor made this statement, he is neither trained or qualified to deal with a medical problem.
For the sake of your own health as well as increasing the value of your claim, you should only be treating with a Medical Doctor and he will write a prescription for Physical Therapy as necessary. Not only will 100% of these bills be considered toward your specials, if the medical doctor is unable to solve you swelling, he will refer you to the proper specialists who has a battery of tests perfected by medical science that is not available to your Chiropractor.
The Statue of Limitations in Wisconsin for personal injury cases is 3 years, so you have plenty of time left to fully recover and then file for a settlement for pain and suffering.
When you have fully recovered, write me again and I will walk you through the steps to settle this claim without an attorney.
I trust that this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 11-08-07 1:30 AM PST
