Auto Accident - 1 Year Ago - Advice Needed (MD)

What is the name of your state? Maryland

I was involved in a car accident in August 2005 which I have hired a lawyer for. I was rear-ended by a company box truck. There are several factors in this case, but I have one big question. I received treatment and physical therapy for my back and neck after the accident, but at the time, I was in the third trimester of pregnancy and could not receive full treatment for fear of harming the baby. I was told that I may need to come back for more treatment after the baby was born. The baby was born October 25, and I had horrible pains in my neck starting shortly after she was born. I called my lawyer to inform them that I thought I needed more treatment. I mainly dealt with the paralegal. She sent me back to the doctor (one they had chosen) in which he did no treatment and wrote me up with a permanent 15% disability in both my neck and back. I called her to say I really thought I needed treatment, as it really did hurt (I actually went to the emergency room after the disability write up, and they did xrays to find a spasm in my neck, wanted me to see an orthopeadic surgeon) but she STRONGLY advised me to keep the permanent disability. So, against my better judgement, I did.

It is now July. We have sent in the demand letter of which there was 11,000 worth of medical bills (physical therapy, doctor, overnight hospital, non-stress testing for the baby..). They've returned with an offer of 16,500 for settlement. I am furious, as my lawyer thinks this is a good starting point, but that the case is worth no more than 20,000. Basically, my disability means absolutely nothing. When I spoke with the lawyer, and asked him why I was advised to take a disability if it meant nothing, he states "well thats not up to you and Jessica (paralegal), that's up to you and your doctor". But I thought I hired them to ADVISE me. I'm so upset. He wants me to seek treatment now, but I'm afraid with it being almost a year since the accident, they really aren't going to take any injuries I have now seriously. They will just come back and say "well how do we know this is from the accident?" If I would have gone 6 months ago like I wanted to, this wouldn't be a factor. Does anyone have any advice? Or should I just settle for the 20,000, count my loss and move on.

Thanks,

The first problem is that you got MEDICAL advice from your LAWYER. And you took it. Bad and worse.

If you have permanent disability though, you have permanent disability and treatment isn't going to make a difference. Hence, "permanent". Did the doctor think that you would not benefit from further treatment?

Since so much time has passed, they will give you a hard time about more treatment. You will likely need to get independant medical evaluations and the independant doctor will have to believe that your symptoms are due to your accident and not something else that happened afterwards, and also that you would benefit from treatment.

In the future though, if your lawyer's assistent ever tries to give you medical advice, don't listen, and tell her boss, she really should have known better.

The doctor that I saw (one they referred me to, he basically stated he hated the medical profession) didn't think further treatment would benefit me. However, he didn't even really give me a chance to explain my problems. I believe he just thought I wanted a permanent disabiltiy, when in reality, I just want to feel better!! If I've made a mistake I understand, but shouldn't a permanent disability be worth something when it comes to the settlement? I mean they are just suing for straight medical bills. I thought I was told that when we go for a starting point with a settlement, it should be 2.5 times medical bills (not including any disability). With roughly 11,000 in medical, shouldn't that be about 27,500? Is the 30% cumulative disability worth anything at all?

And what about emotional stress? Is that not worth anything? Being in the third trimester of pregnancy, not being able to work (I didn't receive lost wages until about 6 months later), I was under A LOT of unneeded stress. I already had a high risk pregnancy. Do they award damages for stress anymore?

I don't mind seeking treatment for my neck and back on my own, I do have insurance. But I do feel as though I should be compensated somewhat.

These are questions you need to ask your lawyer. Generally yes, you are entitled to compensation for pain and suffering, but your attorney is most familiar with the facts of your specific case.

Thanks a lot for your help. I have tried to talk with the lawyer, but unfortunately it's like talking to a brick wall. Almost like talking to the other side in fact. I just got bad representation, and now I'm paying for it. Thanks again!