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Michigan Accident -Closing in on 3 year lawsuit limit, don't know what to do

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f8andbethere

Junior Member
What is the name of your state? Michigan

In January 2005 I was hit by another driver in the Front Driver's side area at about 20 MPH. The impact pushed the car into a packed snowbank. The new car (16K) sustained 10K in damages. GF (now wife) and I went to the hospital that night, were treated for whiplash/back pain. Xrays, MRI's showed no definitive damage. Wife got better. I did not.

Over the first 6 months after the accident, I went to my doctor multiple times, went on pain pills, did physical therapy, massage therapy, etc. Summer of 05, the pain diminished to the point where I could tolerate the low level pain by taking ibuprofin in large does. However, the pain level could have been related to my job, in which during the summer months, my physical activity and exertion level is reduced (I was a newspaper photographer).

By the fall of 2006, I came to grips that something was wrong, since the pain was still present, and increasing as my physical activity at work went up. Insurance company sent me to an "IME", whose report mostly favored me. I began to see pain clinics. Had trigger point injections multiple times, and started on narcotic pain pills. Went to a 2nd pain clinic after I became dissatisfied with bedside manner at the first clinic.

2nd pain clinic, he put me through a battery of tests trying to find out whether it was a nerve problem, a disc problem, or a facet joint problem. Underwent a provocative discography (ouch!), where he determined that I had a crack in my L5-S1 area. The imagery taken during this test did not conclusively support this, but doctor wanted to undergo IDET (microwave heat fusion) on my disc.

Hesitant to do the procedure, I obtained two opinions from two "top notch" facilities in the Chicago area. Both places blew me off, said they could find nothing in the imagery to support my pain clinic Dr's finding of a cracked disc, and suggested physical therapy. I still cannot find a Dr. willing to review all my Dr. notes, imagery, tests, etc. in the hopes of coming up with a definitive diagnosis of my pain.

Currently, I have pain that reach from my lower back to my neck and shoulders. I take 8 lortab 10/325 pills each day, in addition to muscle relaxers and tough anti-inflammatory medicines.

The problem is, since I pretty much toughed out the pain at work, missing limited periods of time, I hurt my case in Michigan where the threshold for non-economic damages was raised so high after the Kreiner case. I'm not sure what to do. I was pretty much forced to quit my job (the only thing I loved to do in life) and am starting a new (desk) job that will not require much physical activity.

I am concerned that this will follow me for the rest of my life, but that I will not be able to sue after January 2008 (the three year limit in Michigan). I'm afraid of what staying on the pain pills and muscle relaxers will do to my body long term. I can no longer do certain chores around the house, and I'm afraid I'll forever be in pain.

Anyone have advice? I'm only 28, I don't want to live in pain forever, and be without options later down the road. 2 local attorneys won't take my case because they don't think I meet the threshold. I have a script to have a full back/neck MRI scan, but I'm afraid to have it done because of potential legal ramifications if the scan comes up clean. I'm not just making this pain up!:(
 


f8andbethere

Junior Member
I think I was dealing with incompetant doctors. I'm not sure. As for attorneys, that will be hard, as I'm moving to IL in one week.
 

moburkes

Senior Member
Your medical bills will be paid for indefinitely. Why did you wait until NOW to decide that you need to sue?:confused:
 

f8andbethere

Junior Member
Your medical bills will be paid for indefinitely. Why did you wait until NOW to decide that you need to sue?:confused:

They will pay for what bills they deem neccessary. It's not that I waited until NOW. I did not meet the threshold at the time of the accident, the pain subsided, stayed at a low-level for a year, and then got progressively worse. There are strict standards in michigan, if you are not aware of them, it doesn't help my question. :confused:
 

ecmst12

Senior Member
Your injuries most likely will be, to some degree, permanent, at least as far as pain goes. But without something that shows up on film somewhere, you will have trouble proving your case. That's why you should get the MRI. If the MRI is positive, you will probably have an easier time finding a lawyer. If not, then you may not have a strong enough case for Michigan. Only suggestion I can give you about that would be to move so NEXT time you're in an accident, you won't have to deal with the crazy MI no fault!
 

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