Auto Insurance Claims: Ready to settle...I think, soft tissue damage, naproxon

Question
Had auto accident over a year ago...8/30/07. been to several doctors and had physical therapy from 11/20/07 until about month ago. I have been on naproxon for this length of time for inflammation. While swelling is gone I have had moderate pain in my hands and wrists and arms and shoulders and mid back almost daily. Therapy helps but is not a cure. Any time we have damp/ cold weather it is more severe. Insurance has been exhausted. I am right hand dominate and I can not pick up a gallon of milk without shock type pain. I have been diagnosed as chronic strain sprain. This accident has effected my daily life in many ways. I can not garden or sweep or vacuum or mop. I am not the same person that I was before the accident. My relationship with my husband has suffered tremendously. I had to quit my antique hobby because I can not pick up things to look closely at them or move furniture or refurbish it...because of the pain. If I have attempt to my hands let me know that is a 'no-no" for several days... the pain last that long. According to the Dr's it is soft tissue damage and will probably be with me for the rest of my life. Out of pocket expenses are at  3500.00. What proof do I have to have for the insurance company to provide long term therapy? Are there compensatory damage allowances?What steps do I need to insure I get the maximum for this type of injury for therapy. I want to be back to pre accident status. I have been told it probably won't happen.  Any suggestions? Or Questions?

Thanks!

Answer
Suzie,

This is a complex and detailed question I could not possibly answer completely. I do not know what state your in and the laws of each state vary. Is it a no-fault state? Were there any MRI's or diagnostic testing conducted to validate the injuries objectively?

A report from your treating physician stating you sustained a permanent injury and estimating the future cost of care is always useful and is generally done as part of a Final Examination when the doctor finds you to be at maximum medical improvement (MMI).

Once you get all this you need to provide all your medical records and bills along with a letter detailing how this accident has effected your life and demand a sum of money.

Best of Luck

Marc B. Nussbaum, Esquire