QuestionQUESTION: Hello, I was in a rear-end auto accident in May of this year, and have some questions. There is concern in my case that since the property damage to my rear bumper was low, that I may be in trouble of getting my medical needs covered. The rear of my car was minimally damaged but I have sustained injuries that have cost me up to $20,000, and still counting. I felt fine at first then went to the emergency room within an hour later, they have done CT Scan, x-rays, MRI of lower back, I saw a chiropractor 3 times a week, now twice a week, an orthopedic once a month and now they want to get another MRI of the neck, and send me to a pain management doctor. I have been out of work since the middle of May and cannot perform my regular everyday functions, I was told I have two smashed discs, my cervical vertebrae are flipped up the opposite direction, and there is minimal curvature left in my spine. I am concerned that since the property damage to my vehicle was minimal I will not get the compensation deserved for my medical expenses currently and for the future. Do you think my case has a chance at court?
ANSWER: That's a tough one. There are plenty of doctors, specialists, and accident re-constructionists who will claim that you could not be injured to the extent you claim. You will likely have some issues with this claim due to a low impact. If you are hurt and the doctor's can prove the accident caused your injury, you will have a better chance.
Your age, occupation, physical characteristics, and medical history will all be brought under considerable scrutiny. How did you find a chiropractor and why didn't you see a medical doctor instead of a chiropractor? Chiropractors do not hold MD's and cannot opine on medical conditions. The bills must be for medically necessary treatments and must be billed at the usual and customary rate.
I have to say that there is a lot of evidence that the majority of people that are of a certain age or older have decreased curvature of the spine and multiple disc bulges, but not everybody experiences pain in the same way. What did your MRI's, CT scans, and X-rays look like prior to the accident? You will likely be accused of having a pre-existing condition that was not caused by this accident.
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QUESTION: Thank you for your response I appreciate your time. I am 31 and have never had any back or neck problems, x-rays, etc. After I started having pain and when to the emergency room is when I talked to a lawyer, since I did not have health insurance, he was the one who referred me to the chiropractor, and he in turn the orthopedic, and now to a pain management doctor as well. The orthopedic surgeon has been great at explaining these injuries to me and the problems due to the impact of the accident, will his opinion have more clout than the chiropractor? I have been on disability for 3 months, and tried to go back to work once but suffered so much pain just after two hours that I was back on disability. I am not a wimp I have a very high pain tolerance and would like to get back to work asap, I am not even concerned about getting money, I just want to make sure my medical bills are covered. It does not seem right, just because cars are built to sustain low impact crashes does not mean that the body is, everyone is different. I would think that if you were injured and it was not fault the other party is responsible for your treatment. Thank you again
ANSWER: The ortho holds much more clout than a chiropractor. Additionally, the argument of no health insurance is not valid. No one is responsible for your lack of insurance, but they are responsible for the reasonable cost of treatment needed due to their negligence. There is no substitute for a licensed medical doctor's opinion, and believe me, the insurance company will have one that will have the opinion that your type of pain needs to be dealt with by surgery and not by more treatment that is not helping. They will make it seem as if you are purposely building up bills.
#1 question to ask yourself. . .
Would you have handled your injury in the same manner if you knew from the beginning that there would never be a payoff from an insurance company and that all the expenses were yours and yours alone to pay for?
I hope this helps. . .
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QUESTION: Thank you for your response. In respect to the #1 question, I would have researched much more on what I should do, instead of doing what others tell me to do. Yes, I would still get medical care for myself and take care of my pain, maybe just in a different way.
AnswerI wish you the best of luck. A good attorney can show the physics of an accident can be compounded and transferred to the operator in an unusual manner. The point of impact, weight of the vehicles, location of crumple zones, height of the vehicle, your height, the height of your head rest, the incline of your seat. . . and on and on can be factors. When there is a low impact, and one is injured to more than the expected extent, it is of the utmost important to have every factor considered so as to be able to find the culprit and explain the unusually severe injury. You can win this and get your medical paid, but you and your attorney better show some teeth if you know what I mean. . . . it's homework time for your attorney, and it might be prudent to involve an expert in bio-mechanics and physics.
Good Luck!
