suffering from accident -- looking for suggestions!

[heather1]

What is the name of your state? MA

I was in a car accident (other party 100% at fault) on 12/31/05. Although I suffered no other serious injuries (with the exception of a concussion that persisted for a couple weeks), I have since suffered with back and neck pain. I have had no previous injuries to these parts of my body and have never experienced pain like this before. I was transported to the ER from the scene of the accident and followed-up with my PCP. It wasn't until April, when my pain did not subside, that my PCP referred me to physical therapy. I am currently still undergoing treatment with my physical therapist, and just recently visited my PCP on an emergency walk-in basis for severe back and neck pain.

I have missed several days of work due to these injuries and have been reimbursed by my insurance company for wages lost. I am currently unable to perform my work duties in full capacity and have been unable to do so for most of the past 6 months, due to my injuries. So far, all of my physical therapy sessions and medical appointments related to the accident have been billed directly to my insurance company to handle. My insurance company is now pushing to determine the exact date that my treatment will be complete, although both my doctor and physical therapist have told me that these things aren't definite and that they cannot tell me for certain when I can expect to feel better.

My concern is that the insurance company will stop paying for my treatment and I will be stuck paying out-of-pocket to treat injuries caused by another driver's carelessness. Although my pain seems non-existant some days, it can be quite debilitating others and definitely under certain circumstances (driving for any period of time, lifting or carrying anything heavy, turning my head quickly). I have been unable to engage in activities I would normally enjoy, like skiing and camping, due to these injuries.

I'm not looking to get rich off of this, but would like to make sure that my medical expenses are covered for as long as I need to receive treatment in order to return my physical condition to what it was before the accident. I have a friend who's an attorney and he's suggesting that I sue for pain and suffering. In the event that I do that, and a settlement is reached, would I just receive the flat sum of money agreed upon in the settlement? Would I need to then make sure that this sum would be enough to cover predicted medical costs? How do I do that? What happens in the event that I accept a settlement but then incur medical costs over the amount of that settlement?

Any ideas, suggestions, or thoughts about anything I've said here would be greatly appreciated. Thank you!

Heather

 

[BelizeBreeze]

Listen, the attorneys on this forum don't know you, the exact situation regarding your accident or have the opportunity to review your medical records. Neither do we have the opportunity to review any settlement offer you may be given or have the opportunity to speak with the insurance company regarding their offer.

That's why you have a 'friend' who is an attorney. Or better still, have your own attorney.

No one here is goin gto second-guess someone on-site.

 

[heather1]

I'm not asking for specifics about my case, but more about how the law works in this type of situation. Please see the questions I've asked, or better yet, I can rephrase them:

* Is there even an offer usually made without one party filing suit?

* In the event that a suit is filed, and a settlement agreed upon, my guess is that acceptance of a settlement typically excuses the other party from any future liability. Is this the case, legally? So, if I accept an offer I can expect that no further medical bills will be paid, regardless of their cost to me?

* What guidelines do lawyers use when determining a monetary amount placed on 'pain and suffering'?

 

[shell007]

I'm not asking for specifics about my case, but more about how the law works in this type of situation. Please see the questions I've asked, or better yet, I can rephrase them:

* Is there even an offer usually made without one party filing suit?
A: The insurance Co. is not going to hand you a pretty wrapped box with a HUGE check inside. IF they offer anything....it will be very little.


* In the event that a suit is filed, and a settlement agreed upon, my guess is that acceptance of a settlement typically excuses the other party from any future liability. Is this the case, legally?
A: Yes


So, if I accept an offer I can expect that no further medical bills will be paid, regardless of their cost to me?
A: Correct. Once you settle with the insurance co. you will have to sign a release of ALL future liability. Then your health insurance should take over for future expences.


* What guidelines do lawyers use when determining a monetary amount placed on 'pain and suffering?
A: Guidelines???? Are you in pain AND are you suffering. That's about it. Only YOU can say to what degree, and then you are going to have proof to back up your claim(s)

You can consult with your Attorney friend about all of this, but it sounds like you have the typical neck/back strain sprain. This is not going to be a BIG payday for you.

 

[heather1]

Thanks, Shell.

I guess it's hard for me to think of pain in terms of monetary value! I will consult, obviously, with my attorney, as well, but any thoughts are appreciated.

Thanks.

 

[shell007]

Thanks, Shell.

I guess it's hard for me to think of pain in terms of monetary value! I will consult, obviously, with my attorney, as well, but any thoughts are appreciated.

Thanks.

If you do decide to file a lawsuit,...be prepared to invest a lot of time. This will NOT be a quick process.
Based only on what you have typed here re: medical conditions, it sounds like this may be a loooooooong run for a very short slide.

 

[heather1]

Thanks, Shell.

What can I do in terms of securing proof to support my claims of pain and suffering? I have all medical notes stating that I cannot perform fully at work, have been unable to attend work, etc. and obviously the medical records from all medical treatment. Is there anything else I should be doing? I'm in a significant amount of pain from driving a long distance yesterday and am thinking of starting a day-to-day log to document the severity of my pain and the steps I took (ice, heat, prescribed pain killers, etc.). But, seeing as this would just be my own log, I'm not sure it would have any legal value ...?

 

[shell007]

Thanks, Shell.

What can I do in terms of securing proof to support my claims of pain and suffering? I have all medical notes stating that I cannot perform fully at work, have been unable to attend work, etc. and obviously the medical records from all medical treatment. Is there anything else I should be doing? I'm in a significant amount of pain from driving a long distance yesterday and am thinking of starting a day-to-day log to document the severity of my pain and the steps I took (ice, heat, prescribed pain killers, etc.). But, seeing as this would just be my own log, I'm not sure it would have any legal value ...?

Any and ALL documentation you have access to.....the better. A daily log is a good idea.

However...with that being said,... the defense side will do EVERYTHING IN THEIR POWER to DISPROVE any claims you make. They may even go as far as having you examined by their own physicians. If that is done, you can be pretty sure that THEIR doctor's will say THERE IS NOTHING WRONG WITH YOU.

Like I said....this is going to get complicated, messy, aggravating, etc.

 

[heather1]

update -- and another question

I started a separate thread, but someone replied to suggest I keep all my questions in one thread, so I am re-asking my question in this thread:

I have since hired an attorney. I concluded treatment for my injuries at the end of December. The attorney is in the process of gathering evidence to negotiate a settlement. My medical expenses have been costly, and the attorney has given me the impression that the settlement could therefore be significant (although obviously no promises).

If something happens to me prior to the conclusion of the settlement negotiations, and my attorney is able to still negotiate a settlement, will that settlement be paid out to my estate? If not, how will my attorney be paid for the time and effort he has spent on this case? He is to be paid 1/3 of the final settlement.

Thanks,

Heather

 

[seniorjudge]

Q: If something happens to me prior to the conclusion of the settlement negotiations, and my attorney is able to still negotiate a settlement, will that settlement be paid out to my estate?

A: Yes.

 

[heather1]

Thanks, seniorjudge.

How likely is it that my attorney would be able to reach a settlement conclusion without my being alive? Obviously, you don't know the details of my case, but in general -- if the attorney has all my medical documents, bills, statements from treatment providers, etc. -- is it likely a settlement can still be reached?

How long after my death does my attorney have to win a settlement in order for that settlement to be paid out to my estate? If I don't have a will, I know that money of the estate will be paid first to creditors, and then my parents. The settlement would become part of the estate and therefore used first to pay off debt, and then would go to my parents, correct?

Thanks!

 

[seniorjudge]

Q: How likely is it that my attorney would be able to reach a settlement conclusion without my being alive? Obviously, you don't know the details of my case, but in general -- if the attorney has all my medical documents, bills, statements from treatment providers, etc. -- is it likely a settlement can still be reached?

A: It depends on how much the lawyer can prove if you are not around. The other side probably already knows your whole case. Thus, the lawyer should be able to negotiate whether you are there or not.


Q: How long after my death does my attorney have to win a settlement in order for that settlement to be paid out to my estate? If I don't have a will, I know that money of the estate will be paid first to creditors, and then my parents. The settlement would become part of the estate and therefore used first to pay off debt, and then would go to my parents, correct?

A: Write a will. The settlement procedure could take days or years.



I hope you have a long life....

 

[heather1]

Thanks for your help!


I hope you have a long life....

Haha. Someone I sort of knew died young, and so I am becoming somewhat paranoid