What to do?

[junderwood]

What is the name of your staWhat is the name of your state? KY
Past June, a lady turned in front of me and I hit the rear pass. side of her car. She claimed all responsibility. There wasn't much damage done to the vehicles, but the next day I had bad shoulder pains. (I'm 6'4" and I had just gotten the car about 2 weeks prior. I just thought I was tall, didn't realize you could adjust the seatbelt so that it wasn't going straight over the edge of my shoulder.) I was sent to an orthopedic dr and over the past few months received cortizone shots and a round of celebrex. The last option was surgery. I went for a second opinion. They sent me to get an MRI (which was horrible because I am clusterphobic and the two valiums they gave me did little for it.) I find out tomorrow, but she is convinced that I will be getting a piece of my shoulder bone removed that is pinching a tendon (out for three weeks) or possibly rotator cuff surgery (out for 6 months). Either way, I'm out for a while. I'm an active person. I just got a kayak for Christmas. I love to bike. I can't stand the thought of being out of commission for even 3 weeks. I've already missed out on a lot. I was a fat kid growing up. I worked hard to get into shape. Since the accident, I've put on almost 25 pounds and I know this won't help. My wife and I are in the process of planning on building a house. I was supposed to be fixing up our current house to sell. This has put me way behind. What about the days of work I'll miss for this? I was saving them so that they would be put towards my retirement amount. My wife is currently working on her masters and another certification during this summer and through the next year. She doesn't need any more responsibility or worries placed on her. We've both got too many things to do for me to be put down for any length of time right now. We are planning on kids in two years. I can't do all the activities I have planned once they come along. How do you price a time of your life lost to something like this? Should I just talk to the insurance company? Would the 1/3 be worth getting a lawyer for this? Would the insurance even take notice of all of the problems besides the physical that this has/will cause? I'm lost on this and would appreciate any and all advice.

Thanks,
JU

[ecmst12]

Get a lawyer ASAP. Yes, lost wages is taken into consideration with pain and suffering. But at least IMO, the only way for anyone seriously injured to get near what their case is worth, is to have representation. Otherwise you have no power against the insurance company and they can pretty much offer you whatever they want, regardless of fairness - they know you're not about to take them to court YOURSELF, and if you did you wouldn't have a chance against their large team of lawyers!

[junderwood]

Thank you for the advice. I'm in a rural area. What type of lawyer do I need to look for? Not seeing too many choices. What sort of credentials should I check for?
Thanks,
Josh

[ecmst12]

Personal Injury. You can click the big orang buttons here that say POST YOUR CASE TO AN ATTORNEY and find one that way

[justalayman]

We are planning on kids in two years. I can't do all the activities I have planned once they come along.

It sounds as if you may be getting the horse before the cart. Until you have more of a diagnosis, it is impossible to know what, if any, limitations you will have. You may have a complete recovery with no real lingering effects. Don't shoot the horse yet.

You should speak with a PI attorney (as ecmst12 suggested) as a beginning point. Filing a claim is time limited so you do not want to wait too long.
Concerning damages: you will have the med expenses and the damage to your vehicle and loss of income of course but there are also pain and suffering available as well as loss of full use of your shoulder (if applicable). Your wife may even end up as a party to the suit to recover for loss of (you) in and around the house including the bedroom.(not trying to be perverse. it is a real claim)

One thing to look at is the possibility of what ever insurance company may be paying you med bills or car repair bills for this now may be able to claim their expenses from your suit winnings (if there are any). Be sure to consider this is any negotiations. Ask your attorney how it works.