Auto Insurance Claims: auto accident previous injury, pain management clinic, statue of limitations

Question
QUESTION: I was involve in an accident as a passenger.  I already suffer from herniated disc at c4 and c5 from MVA in 2001.  My body was getting use to enduring the pain when this MVA occurred by driver not yielding and was arrested on the site for DUI.  I instantly because emotionally upset. like not again why me?  I was x-ray and was told in addition to my previous injury being aggravated it was a small tip fracture at c7.  my back have not stop hurting since.  I would like to settle because I'll be moving out of town at the end of the year.  how are my injury value being I have a previous injury.  my current medical bills are $10,764.00.  I go to Cleveland Clinic where I go to pain management clinic
Thanks for your time.  Kay

ANSWER: Hi Kay,
When you mention moving out of town at the end of the year,
do you mean several cities or counties away or a long distance of several states away?
The Statue of Limitations for settling an injury claim in Ohio is 2 years.
I urge you not to rush into an early settlement.
Your body needs time to heal from the recent trauma and you need to learn if your pain will recede to it's previous level or remain at the current high level.
Any settlement that you receive now or 18 months from now will be severely reduced from what you could expect without the recent history of a similar injury and the fact that you never fully recovered from the 2001 injury, the reduction in value will not be as severe if you are able to return to your previous level of health.
If you had never been injured before, your claim would probably have a value in the neighborhood of $30,000.  An early settlement could reduce that value by 50% or more.
Who paid your medical bills?  Your friends auto medical coverage, your personal health coverage or Medi-Care?
A large number of auto medical and personal health polices and all Medi-Care coverage states that if you recover from a 3rd party, you must reimburse them from your settlement.
I hope this answer has been of help, please write again if I can be of more assistance.
Sincerely,
Bennie
San Francisco Bay Area 10-19-07 7:56 PM PST

---------- FOLLOW-UP ----------

QUESTION: Thanks for your immediate and help response!  I plan to move to Atl., GA.  My MVA was 5/10/07.  My personal medical insurance paid 100% on PT and about 60% of hospital bills.  Also do the fact that the driver was drunk some how give more to the case.  Thanks again! Kay

Answer
Hi Kay,
The fact that the other driver was drunk creates problems between him and the state laws, but has no impact on your injury case.
I suggest that you have a consultation with a Personal Injury Attorney.  Since they work on a contingency basis, the initial visit is usually free in any state.  He/She can fully explain the pros and cons of an early settlement, and give you a better idea of exactly what percentage of reduction will apply based on your pre-existing condition.  The Attorney can better explain if your settlement may be much greater after you have allowed yourself to fully heal from this accident.
And how he/she can handle your case even though you are in Atlanta,since the majority if auto accident injuries are settled without having to actually file suit and appear in court,
All these items can be covered on your first free consultation, after which you will be much better informed on whether to take an early settlement or obtain the Attorney's services.
Good Luck,
Bennie
10-19-07 9:53 PM PST