What is the name of your state?What is the name of your state?What is the name of your state? Florida.
My wife is a 56 year old lady with a history of spinal injury and prior surgeries. She was injured again in an auto accident in March 2002. In that accident, she was stopped in the drive-through of a fast food restaurant when an uninsured motorist who had “forgotten something” backed up some 15 feet without looking and hit the front of the SUV she was driving. My wife had her foot on the brake pedal and her elbow “locked” sounding the horn at the time of the impact. There was minor damage to the vehicles, but she immediately suffered severe pain in her neck, shoulder and lower back, to the extent she could not drive. Law enforcement called me and I went to the scene and took her home. She saw her doctor and was prescribed medication, bed-rest, diagnostic tests and physical therapy. Three months later in June 2002, with little relief from her treatment, and a few days before she was to be seen by the neurosurgeon who performed the surgeries, she was injured in an accident in the store of a major retailer.
She was walking in a warehouse type retail space when she rounded a corner display and was hit on the head and knocked off her feet by a stack of boxes which fell from a 12 foot high shelf. She would have been knocked to the floor but fior the fact I was walking directly behind her and caught her in my arms. The boxes were intentionally pulled from the shelf by a clerk standing on a short ladder using a stick to reach up and do so. The clerk had been told by her supervisor to use that procedure since the boxes contained nothing breakable; I was told by another employee that had been the method used for months. Since the accident they have obtained a rolling staircase for their stock work.
Since these accidents she has continued under care of several doctors who tried all manner of conservative treatments without significant benefit. Presently, she is under the care of two orthopedic surgeons who plan surgery on her shoulder and fusion of her lower back. The surgery has been delayed due to other medical problems, but is presently scheduled in April and June, and we believe that will occur. Her neck problems remain unresolved, and while surgery is not presently planned, it is not ruled out. We are under the impression her shoulder injury resulted from the auto accident but we're uncertain regarding attribution for the neck and back as most of the medical information was gathered after both accidents.
The auto carrier medical coverage exhausted months ago and other insurance has continued to cover her treatments. We have indicated to the auto carrier our intent to request settlement under the UM coverage. The auto carrier has access to the medical records. The retailer’s claims office has contacted us several times in the past, wanting medical release and indicating they wanted to offer a settlement. My wife refuses to speak with them and I have politely given them no information.
Knowing time is running out on the statutes, we want to settle this situation. But we wonder how to approach these seemingly separate but connected accidents. Any pertinent experience and information is appreciated.
My wife is a 56 year old lady with a history of spinal injury and prior surgeries. She was injured again in an auto accident in March 2002. In that accident, she was stopped in the drive-through of a fast food restaurant when an uninsured motorist who had “forgotten something” backed up some 15 feet without looking and hit the front of the SUV she was driving. My wife had her foot on the brake pedal and her elbow “locked” sounding the horn at the time of the impact. There was minor damage to the vehicles, but she immediately suffered severe pain in her neck, shoulder and lower back, to the extent she could not drive. Law enforcement called me and I went to the scene and took her home. She saw her doctor and was prescribed medication, bed-rest, diagnostic tests and physical therapy. Three months later in June 2002, with little relief from her treatment, and a few days before she was to be seen by the neurosurgeon who performed the surgeries, she was injured in an accident in the store of a major retailer.
She was walking in a warehouse type retail space when she rounded a corner display and was hit on the head and knocked off her feet by a stack of boxes which fell from a 12 foot high shelf. She would have been knocked to the floor but fior the fact I was walking directly behind her and caught her in my arms. The boxes were intentionally pulled from the shelf by a clerk standing on a short ladder using a stick to reach up and do so. The clerk had been told by her supervisor to use that procedure since the boxes contained nothing breakable; I was told by another employee that had been the method used for months. Since the accident they have obtained a rolling staircase for their stock work.
Since these accidents she has continued under care of several doctors who tried all manner of conservative treatments without significant benefit. Presently, she is under the care of two orthopedic surgeons who plan surgery on her shoulder and fusion of her lower back. The surgery has been delayed due to other medical problems, but is presently scheduled in April and June, and we believe that will occur. Her neck problems remain unresolved, and while surgery is not presently planned, it is not ruled out. We are under the impression her shoulder injury resulted from the auto accident but we're uncertain regarding attribution for the neck and back as most of the medical information was gathered after both accidents.
The auto carrier medical coverage exhausted months ago and other insurance has continued to cover her treatments. We have indicated to the auto carrier our intent to request settlement under the UM coverage. The auto carrier has access to the medical records. The retailer’s claims office has contacted us several times in the past, wanting medical release and indicating they wanted to offer a settlement. My wife refuses to speak with them and I have politely given them no information.
Knowing time is running out on the statutes, we want to settle this situation. But we wonder how to approach these seemingly separate but connected accidents. Any pertinent experience and information is appreciated.