Settlement

[SandiW]

What is the name of your state? CA

I was rear-ended at high-speed on a freeway. I cracked my shoulder, developed lower back pain and sciatica, and several weeks later developed vertigo and ringing in my ears. A few months after the accident, while trying to determine why my shoulder still hurt so much, my doctor discovered a malignant tumor. I had radiation therapy and all is well on that front.

The insurance for the other car has offered me a settlement for lost wages and "pain and suffering" of $12,000. They are attributing much of the shoulder pain to the cancer, which I don't believe to be the case (the cancer was on the front of my shoulder and the pain is at the back and up my neck).

I need to determine if their offer is fair. Any advice would help.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA


"I need to determine if their offer is fair. Any advice would help."


===================================


My response:

Sure. This is simple.

All you need to do, so that we can help you decide, is to - -

1. Type up all of your medical reports and bills for our review.

2. Type up your estimates for the repair of your vehicle.

3. Type up your lost wages, and what you do for a living.

4. Type up your current lifestyle, and your biography so that we can determine the value of your general damage losses.

5. Type up all negotiations that have occurred, both theirs and yours.

6. Type up and fully describe your pain, and the exact nature of your pains; i.e., how long and how frequent, and the activities that you used to do, and those you can no longer do, or are limited from doing.

That should be a good start. Then, we'll be able to give you a fairly good opinion.

IAAL

 

[SandiW]

1. My medical expenses were paid by insurance. I have extensive medical records, most pertaining to the cancer reoccurance. I have one report from an "MRI of the cervical spine" stating that: At C6-7, there is a small central and left-sided disc protrusion. The disc does not contact the anterior cervical cord. The central canal is normal in size. There is mild foraminal narrowing of the left secondary to spondylosis." In a post-op report from the shoulder biopsy, it states: "Sh is also healing from a motor vehicle accident which appears t have caused a hairline in the acromion". In the report from a physical exam that I had after the accident, it states: "She has had pain in the right shoulder that was exacerbated recently by a motor vehicle accident. She is still haaving some low back pain and left leg pain. Other recent symptom that she experienced was vertigo. She has noticed a mild frontal headache. She has had dizziness."

2. The cost of the repair to my vehicle was over $8000 and was covered by my auto insurance (the same company that insured the other auto).

3. I am a computer consultant. I was doing contract work at the time while seeking full-time employment after a lay-off. My actual lost wages were $3440.00. In addition, I had to turn down an offer of employment, because I was unable to travel due to the vertigo.

4. I am a very active married woman. My husband and I love to travel and attend concerts and shows. I love to walk for exercise and garden and sail.

5. Since the owner (not the driver) of the other car and I are insured by the same company (AAA) there have been minimal negotiations.

6. I have constant ringing in my ears, sometimes to the point of effecting my concentration when I work. I have lower back pain and sciatica when I walk any distance if I am carrying ANYTHING - even a purse. I have difficulty getting up and down from the ground when trying to garden. The vertigo has reoccurred making my sailing days quite limited. The pain in my shoulder comes and goes. I cannot sleep on my right side and if I roll over during the night, I wake with a start in pain. I cannot reach behind my back with my right arm and cannot carry heavy things on my right side. This is extremely difficult because I am not suppose to carry anything on my left side since I had breast cancer on the left side many years ago and had a lymph node dissection. I travel a lot for work and have extreme difficulty handling my luggage. I cannot reach up to the overhead bin. I am still very fearful of freeway driving - even when I am not behind the wheel.

I appreciate any advice that you might be able to give me. My goal is not to be unreasonable, but I have suffered a great deal and feel that it is only fair to be compensated.

Thanks

 

[I AM ALWAYS LIABLE]

My response:

1. Type up ALL of your medical reports AND bills for our review.

2. Type up your estimates for the repair of your vehicle.

4. Type up your current lifestyle, AND your biography so that we can determine the value of your general damage losses.


IAAL

 

[SandiW]

I can't get all of my medical records for several days. I will need to get copies from the medical center. The bills have already been covered as were the repairs on the vehicle. These are not part of the issue.

 

[I AM ALWAYS LIABLE]

I can't get all of my medical records for several days. I will need to get copies from the medical center. The bills have already been covered as were the repairs on the vehicle. These are not part of the issue.

My response:

When you obtain all of your medical reports AND bills; i.e., only those having to do with your injuries from the accident, then we'll be able to help you. Then, list all billing charges, and why they were charged.

It doesn't matter that the bills have already been covered for your vehicle damage. I need to know the extent of the damages to your vehicle; i.e., were you driving a Mercedes Benz and crushed a fender, or were you driving a Honda Civic and accordianed the entire car? All of these go to the "severity" of your damages, and I think you'll agree, that it costs more to fix a Mercedez than a Honda. So, by you saying $8,000.00 is nearly meaningless.

You see, your original question was overbroad and vague; i.e., "I need to determine if their offer is fair." So, for anyone to give you an answer, we need to see everything AND with details. That's why I asked for those categories in the first place, and why I keep asking them again. Without the necessary information, we can't help you.

Now, if you want some help, re-post when you have the necessary documents and when you're ready to fully answer my categories like I've asked. Without the necessary information, we can't help you.

I hope you realize how difficult it is to answer your question, and the work you have to go through in order for someone to answer you. Not easy, is it?

So, if you really want an educated, real world response, please supply the necessary information.

IAAL

 

[HomeGuru]

I can't get all of my medical records for several days. I will need to get copies from the medical center. The bills have already been covered as were the repairs on the vehicle. These are not part of the issue.

**A: who are you to say that the specific requested information are not part of the issue? Are you a PI attorney? You came here seeking advice and appear to be second guessing those that are in a postion to assist you.

 

[SandiW]

I am sorry. I didn't mean to second-guess anyone. I will obtain the medical records and copies of the bills pertaining to the accident.

My car is a 1999 BMW 323i. The entire back of the car was smashed in, I was pushed into the next lane and bounced off of a truck. The rear rear body panel, floor panel luggage lid, right and left rear quarter panels, rear bumper and assembly all had to be replaced. the total cost was $8503.98. Do you need to see the complete list of parts and labor?

 

[I AM ALWAYS LIABLE]

I am sorry. I didn't mean to second-guess anyone. I will obtain the medical records and copies of the bills pertaining to the accident.

My car is a 1999 BMW 323i. The entire back of the car was smashed in, I was pushed into the next lane and bounced off of a truck. The rear rear body panel, floor panel luggage lid, right and left rear quarter panels, rear bumper and assembly all had to be replaced. the total cost was $8503.98. Do you need to see the complete list of parts and labor?

My response:

Yes. Also, please reread all of my responses and comply with the information requested in complete detail. Once you fully understand the ENORMITY of the job I'm asking you to do, then you'll FULLY understand how VAGUE your original inquiry was - - because for anyone to give you an answer, that person would need to see everything IN DETAIL. So, whenever, you're ready, give me full biographical information and the medical documents rewritten by you, verbatim, then write back.

Just a note - - do you see already how difficult this exercise is becoming? We've already had 8 posts to this thread, and we're really no closer to answering you than from the very first post. This thread is going to be enormous.

And then, when you're all done supplying the detailed information, then I'll have to go through about 20 posts to make heads or tails of all of it because, due to you second guessing, and not giving me the full information in one post, I'll have to jump around the thread trying to gather all the information in one, cohesive, manner. So, I've also got my work cut out for me.

IAAL

 

[stephenk]

"She has had pain in the right shoulder that was exacerbated recently by a motor vehicle accident."

How long were you having shoulder pain before the accident? Do you know what caused that shoulder pain before the accident? Did you consult with any doctors for that shoulder pain before the accident?

 

[SandiW]

to stephenk

I had pain in my shoulder, off and on, for quite sometime and had seen a doctor. It was discovered after the accident that it was a malignant tumor.

 

[zappy]

Sandi W.....i think this whole thing went right over your head....

The reason Lawyers get paid, is to look over tons of documents and to see exactly what are your injurues and by comparing your case to others can get the most money for you.

The Insurance company has no reason to offer you anything thats fair....if you think $12,000 is fair, then TAKE IT!


.>>>>>>>>>>>>> I had to turn down an offer of employment, because I was unable to travel due to the vertigo.<<<<<<<<<<<<<

Now to me that alone is worth $50-100K or more... computer consultant and traveling, i would love a job like that...so to me its very valuable.