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Auto accident/back injury

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Isabella Jardin

May 1999, I was rear ended while waiting at a stop light. My van was knocked across an intersection. I was turned sideways dealing with my dog, when the accident occurred. I immediately jumped out of my van when it stopped, because I saw in my rear view mirror the severe mess the small car that rammed me was in, to see if they were ok. My back, down low, almost my left hip, was *caught* or locked up. Thankfully, they were shaken, but ok. The policeman at the scene wanted me to be seen by an MD and wanted to call an ambulance. I refused and drove, myself to the hospital just a few blocks away from the scene.

I had xrays and was given medication for muscle relaxation. My concern was not so much for pain, but for the fact that the toes on my left foot were tingling. I then began seeing my family doctor for treatment.
10 days later, my husband died suddenly of a heart attack. He owned his own business and I had to take over, not to mention grieving and being scatterbrained from the shock of losing him, and didn't get treatment for the back for a few weeks. Frankly...the back was the least of my problems, at the time.
My own car insurance paid my health care bills regarding this accident. THe other insurance company gave me $500.00 to pay someone to carry materials and to do the job I normally did for my husband's company.
At a point, my family doctor referred me to an orthopedic surgeon. He ordered an MRI and began rehabilitation therapy for me. At the end of the therapy, toes still numb and tingling, back still unable to allow me to walk more than 15 minutes without pain, the orthopedic doctor tells me that the accident was the straw that broke this camel's back, that my situation was that the disc and vertebra around it, had a natural degeneration. It was inoperable. Learn to live with it. Ok. SO, I did. Now, at 16 months later, I've had to give up the business because I cannot afford to pay someone to carry materials for me. I'm looking for a job that will allow me to not stand all the time, nor sit all the time, since both situations become painful after awhile. I've purposely NOT milked my car insurance by seeing doctors all the time. I rather deplore that whole scene.

My question is: Do I have a case for a suit here? My attorney tells me to hold off in case this gets much worse.

Your help is appreciated.




I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You can try talking to another attorney.

By accepting the money from your insurance company and 500 from the other, you may have settled and thereby given up your right to sue for future stuff like medicals, pain and suffering, etc.

Also, the fact this is 16 months later, the statute of limitations is 12 months.

Try attorneypages.com or contact your state bar association and ask for a personal injury attorney.

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