pregnant in car accident,legal rights

[lizasingl]

What is the name of your state? What is the name of your state? Az


What is the name of your state? AZ

Hello, My name is Liza and I was in a car accident on Nov 1, 2003. I was hit from behind. Damages to my car were around $1,500. The other driver’s car looked very bad. Anyways for some reason I did not even think about getting a lawyer or legal help. I was 5 months pregnant at the time of the accident and started medical treatment right away. I was in so much pain, that at times I could not even get out of bed. I spoke to the drivers at fault insurance twice. Well today I got a message on my phone from them (PROGRESSIVE) stating that they were attempting to close my claim and they wanted to pay me $2,000 for my E.R. bills, $300 loss wages (because I am self employed), $500 pain an stuffing.
For one thing my E.R bill was $3,967, my lost wages being self- employed so far $4,390 ( I write quotes for constructions sites),my Chiropractic care has reached $4,745. Now my doctor wants me to see a specialist for pain that wont go away. I don't know what I should do. I haven't found to many lawyers who seems to want my case because of time lapse. I don't know really what my rights are. I am thinking of closing within my insurance policy so I can get the best of my claim and all my medical bills paid. Anyone have any suggestions? Who is responsible for paying the medical bills? What should I use to prove income? What about pain and suffering amounts? Do they treat woman who are pregnant different.

 

[Crazyhorse]

I thought this thread was going to be about how you got pregnant AS A RESULT OF being rear-ended.

 

[lsut1ger]

Do NOT settle with them!

Have you given birth yet? If not, I could encourage you to wait until after the baby is born to ensure that no damage was done to him. Since you were only 5 months, the baby is probably fine, but from what I have read, sometimes there can be fetal injuries that are not apparent until after the birth. Other than placental abruption, the baby could have hit his head on your pelvic wall causing him some damage. The chance of this is not likely, especially since he still had plenty of room in your womb at the time, but it's better to be safe than sorry.

I was in an accident on Dec. 15, 2003 at 4 1/2 months pregnant. I know what I went through and what I'm still going through because of it. It was incredibly stressful and traumatic for me and my injuries and treatment have not been near what yours were. You need to consider the stress and anxiety you have been through because of this. I'm sure you've gone through all if not more the anxiety over your unborn child that I went through. Plus the fact that we are pregnant and are rather limited in our pain relief options.

They owe you for ALL of your medical bills, ALL of your lost wages and a HELL of a lot more than $500 for pain and suffering. They're trying to low ball you and see if you take the bait. Their offer isn't NEARLY acceptable.

From the research I've done and what I've been told by others who have gone through personal injury settlements, the settlement is calculated by adding up all medical bills and multiplying them by a number between 1.5 and 5 depending on how "bad" the situation was. Sometimes, the multiplier can even go up to 10. Then they add in your lost wages. Not sure if this is 100% "correct" but it might give you some idea of a range the settlement should be in.

I really think you need to agressively work on finding a lawyer given the circumstances of your situation. Mine will probably end up being pretty simple as long as everything is okay with the baby...but if they won't compensate me to the extent that I feel is reasonable, then I won't hesitate to file a lawsuit and take them to court. If they're smart they won't try and put a traumatized mother who has been worrying about her unborn child for 5 months on the stand. As for you, your case is rather large and complicated by the possiblity of future medicals. You need to take care of yourself and make sure you don't get left in a lurch in the future.

Good luck to you and find an attorney - PRONTO!

 

[Thomas234]

Lsut1ger has given you some pretty good information already. What I don’t quite understand is why you would be having difficulty in finding an attorney willing to take your case. Two months is not a long time to wait before seeking legal advice. The fact is you were more concerned about your own health and the health of your unborn child than with running out and hiring a lawyer.

If what you have said in your post is accurate, then it is fairly obvious that liability is not a major issue. Additionally you have lost time from work and rather significant medical bills. This would seem to be case that any competent attorney would be willing to take. As for your question about whether they will treat you differently because you were pregnant at the time of the occurrence… you bet they will. More than likely they will want you to sign a release for not only your own claim, but that of your unborn child as well. This will then release them from any and all potential claims you OR YOU CHILD can make in the future regardless of what happens down the road.

You need to do three things. First, do not return the call to Progressive or respond to them at all until you have legal representation. Second, you need to get legal representation… make some more calls. Third, after you have legal representation, let you attorney worry about the case, so that you may concentrate on your own health as well as the health of you child.

 

[lizasingl]

Re:

Thank you, so far to all who have given advice to me that will benefit me in seeking help and in getting a fair settlement.

Everything I have stated about seeking help in my case has been correct. Sometimes it is real hard since most of my days are spent in bed fighting the pain. I cannot take pain medication strong enough to stop my pain because of the effect to my child. Also my OB Doctor is trying to place me on antidepressant drug from anxiety, depression and stress to my child. I have taking up seeing a counselor recommended by my Doctor.

About Lawyer :I have made an appointment for Monday to see an attorney. So we will see what happens. Two attorneys have said that the damages to my car were not great enough for them to take the case. Why did I wait so long, they say that hurts my case. I went to a referrals service online and found a Lawyer who also was a Doctor before. It's a small family practice.

A big question on my mind is when the adjuster left her message stating; since I was self-employed my income was not provable.

 

[Thomas234]

Concerning your lost wages, you have paid taxes haven’t you? This would be one means by which to prove your income. The bottom line is this; Progressive is SERIOUSLY trying to take advantage of you. You are in pain, you are pregnant, you are seeing doctors because of your injuries, you are seeing other doctors because of your pregnancy, and you sound very close to being overwhelmed. Progressive knows this and they are, and will continue to try and beat you down.

As for your attorney search, I find it odd that you are having difficulty because you “waited so long” to seek legal representation. Believe me, it would have looked much worse if you went out and hired a lawyer the day after the crash instead of now. Lawyers, like everyone else, like easy money for little or no work. If you are having trouble finding an attorney in your area, perhaps you might want to search for one in a major city near your home. That is, assuming you live in a rural or small town area.

The $1,500 in damages to your car doesn’t prove or disprove your injuries. Your injuries, the testimony of your physician(s), and the skill of your attorney will either demonstrate a link between the impact and your injuries or it will not.

Please keep us updated with your progress…