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  1. #1
    injuredintexas is offline Junior Member
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    hernia from car accident-other driver at fault

    What is the name of your state? texas

    my husband got a hernia from a car wreck...is this unusual? he was at work, driving the company vehicle. so his surgery, etc... was covered under workcomp, then state farm was going to pay them back when he settled. now they say they might not pay the claim because of the unusual nature of the injury. state farm now wants us to sign an 'authorization for release of information' so they can research the claim further. should he sign it or should we get a lawyer? we have tried to avoid getting a lawyer if we can, but now we don't know what to do.

    thanksWhat is the name of your state?
  2. #2
    ecmst12 is offline Senior Member
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    I assume you're talking about a spinal hernia.

    Yes it can happen from a car wreck, it's not unusual at all. Of course, I don't know all the specifics of his particular case, but herniated discs happen easier then people think.

    I don't understand why anyone would be reluctant to get a lawyer...wouldn't it be such a relief to know that someone else was going to deal with all your concerns and advocate for you against the big nasty insurance company? I know it was for me. People think lawyers are scary, but it's really not true. OTHER PEOPLE's lawyers are scary. YOUR lawyers are comforting and supportive (because you're paying them to be so, but still). And you can bet the insurance company has lawyers of their own!
  3. #3
    injuredintexas is offline Junior Member
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    actually it was an inguinal hernia...and we didn't want one because they said everything was going to get paid and we wouldn't have to worry (yeah right). now they want us to sign an 'authorization for release of information' so they can research the case and decide whether or not to pay.
  4. #4
    ecmst12 is offline Senior Member
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    Oh...well that I wouldn't know as much about...I thought those were more commonly caused by heavy lifting or things like that. I work in the medical field and read a lot of reports, but I'm not a doctor or anything like that so my experience/knowledge is definitely limited.

    Hm...signing a release of information shouldn't affect your claim, it just means they can ask for notes and reports and stuff to research your case. But they say never to sign ANYTHING in cases like this without having a lawyer check it out...it sounds like you will want to play it safe in this case.
  5. #5
    shell007 Guest
    You should get an attorney. An inguinal hernia cause by a MVA is rare to say the least. State Farm is known to be one of the most impossible insurance carriers to deal with when it comes to claim pay-outs.

    Don't sign anything YET. At least call a PI attorney. Most will give you a free consult over the phone. Then you can decide what you would like to do.

    Sometimes what seems like a simple form to sign actually turns out not to be the case. The implied information is often missed by the "average layperson".
  6. #6
    amina516 is offline Junior Member
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    Inguinal hernias are defects (i.e. holes) in the abdominal wall...how you would get one from an accident is beyond me...he might have had a weakened wall to begin with and the MVA just made it pop out..either way...let State Farm do their investigating, but dont hold your breath. If they cant find any kind of precedent for your case you might have to pay yourself...
  7. #7
    loveumms is offline Member
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    I couldn't find any information about the incidence of inguinal hernias after MVAs however, I really wouldn't be too surprised if it is actually common. If you think about the pressure that is displaced during a motor vehicle accident it would make sense that the increased intra abdominal pressure could cause a hernia to occur.

    If workers comp has already paid the claims why would State Farm need to pay that back? I am just asking b/c I am not familiar with workers comp claims.

    Inguinal hernias are due to weakening of the abdominal wall. This decreased strength in the abdominal wall muscles can be caused by pregnancy, obesity, significant weight loss, deconditioning, prior surgery. Inguinal hernias can actually be congenital and men are more likely to have this type of hernia b/c the inguinal canal carries the spermatic cord – which is why they often have a sense of scrotal heaviness.

    My guess is that State Farm wants to look into your husband’s medical history to determine if he had any risk factors for inguinal hernia prior to the accident, which may put him at higher risk during the accident.

    They also might claim that your husband actually had the hernia prior to accident and it was found after the fact due to diagnostic tests or more thorough physical exam conducted in the ER. Did he get a CT scan or MRI? In some individuals inguinal hernias only cause a small amount of discomfort so they might go unnoticed by the patient.


    I could name one reason why people don't want to get a lawyer - they cost money and can cut into the judgement/settlement. I agree its comforting to have somoen advocating for you and "being on your side" however, at $150 a hour I would much rather be my own advocate if possible.
  8. #8
    ecmst12 is offline Senior Member
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    Well yeah it costs money but for PI cases most lawyers work on contingency so you're not actually out anything. It cuts into your settlement but you'll most likely end up with (probably significantly) more then if you'd tried to represent yourself. I can understand being unwilling to get a lawyer for traffic court, because then it IS out of your pocket, but for an injury?
  9. #9
    weenor is offline Senior Member
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    Quote Originally Posted by loveumms
    I couldn't find any information about the incidence of inguinal hernias after MVAs however, I really wouldn't be too surprised if it is actually common. If you think about the pressure that is displaced during a motor vehicle accident it would make sense that the increased intra abdominal pressure could cause a hernia to occur.

    If workers comp has already paid the claims why would State Farm need to pay that back? I am just asking b/c I am not familiar with workers comp claims.

    Under most, if not all, workers' compensation statutes there is requirement that the employer/insurer be repaid from any funds recovered from the party actually responsible for the accident.

    Inguinal hernias are due to weakening of the abdominal wall. This decreased strength in the abdominal wall muscles can be caused by pregnancy, obesity, significant weight loss, deconditioning, prior surgery. Inguinal hernias can actually be congenital and men are more likely to have this type of hernia b/c the inguinal canal carries the spermatic cord – which is why they often have a sense of scrotal heaviness.

    My guess is that State Farm wants to look into your husband’s medical history to determine if he had any risk factors for inguinal hernia prior to the accident, which may put him at higher risk during the accident.

    Risk will not be relevant, but prior treatment history will be relevant...State Farm has the right to determine if there was pre-existing condition as part of its investigation into medical causation...in other words in determining whether the accident could have caused the condition.

    They also might claim that your husband actually had the hernia prior to accident and it was found after the fact due to diagnostic tests or more thorough physical exam conducted in the ER. Did he get a CT scan or MRI? In some individuals inguinal hernias only cause a small amount of discomfort so they might go unnoticed by the patient.


    I could name one reason why people don't want to get a lawyer - they cost money and can cut into the judgement/settlement. I agree its comforting to have somoen advocating for you and "being on your side" however, at $150 a hour I would much rather be my own advocate if possible.
    Personal injury attorneys work on contingency and will recover his/her fee upon adjudication or settlement of the claim.

    OP is State Farm the other driver's liability carrier or yours or the employer's UM carrier? This may make a difference on whether the w/c folks will need to be paid back.
  10. #10
    Meatcutter is offline Member
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    The insurance company wants your husbands medical records from the accident to see if the doctors are relating the hernia. If you believe that the hernia is from the accident and your doctors are saying it is, then sign the release, let the insurance company get the info, and then let them pay for it.

    This is all information that your attorney would provide to the insurance company anyways if he tries to relate the hernia to the accident.
  11. #11
    injuredintexas is offline Junior Member
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    About the accident the lady (insured by state farm) ran a red light going 45-50 mph in a 35 mph speed limit. She broadsided me driving a ford f150 pulling a trailer pushed me into the lane of traffic flowing opposite of me totaling all three cars. I had my seatbelt on and the airbag came out.Double impact on the side then from the front. Pretty hard collision never had and history of hernia or stomach problems.

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