Question:
I was rear ended last december, everything was ok until recently, I went to a chiropracter right after but I was still having problems and continue to have problems. I just had an MRI done and it shows that I have T7/T8 and T6/T7 are herniated slightly. Surgery is not required yet but may be required down the road. I am in constant pain everyday since the accident and have never had any previous back problems. the other person was 100% at fault and made no atempt to stop before slamming me at about 45mph. I received a check for the car about 1 week after. Now the insurance adjuster wants to settle the case. He offered 3 grand, right now I have about 2.5 grand worth of medical bills out of pocket ($4500 total but my primary health insurnace covered part of it)..I lost NO WORK from it but the doctor said I may have lifetime pain from it and I'll just have to live with it. Its possible it will get worse and cause my paralays later on. I'm an active 20 year old male.
Answers:
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First, you don't get herniated discs from a rear end accident.it's degenerative. (Don't believe me? Do a Yahoo search for your condition and read the medical literature out there on how this happens.) You had them before this accident, and they were discovered as a result of the accident. All the accident did was bring it to your attention. I'm sure your back hurt before this accident and you paid no attention to it, but now I'm sure it hurts 100 times worse.and THAT is what your injury is from this accident, not the herniated discs.Can after the settlement refuse to the offter, that was agreed at at that time due to unfairness?
Pain secondary to a disc herniation.I settle these claims higher than your traditional "whiplash" cases.but if YOU'RE the one wanting to settle now in the middle of your care...$3000 is reasonable. I'd give you $5000, but depending on what your records say to date, I might give you more, I might give you less. Your doctor can give you an estimate of charges of future treatment.get it and submit it for consideration. But don't be surprised if they ask you for an IME...
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Someone earlier said something about how our job is to think people are faking their injury.reality is many people do, many doctors, attorneys, and people engage in insurance fraud and you hear about these people going to jail all the time. But our job is not to determine if you're "faking" your injury, it's to properly evaluate and settle your claim based upon the medical documentation. Are we doctors? Not all of us, but the majority of us are smart enough to know what makes sense & what doesn't and question it, using medical references and common sense.
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do not take the settlement...get an attorney.you may have related back problems later in life and then "YOU" get stuck with the medical bills.good luckCan I reverse a Guilty traffic plea to a NON- guilty plea?
Compensation is often based on lost wages, otherwise, only your attorney can tell you what would be reasonable.(not the insurance company rep, it is their job to believe everyone is faking injury)
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dont settle, get an attorney and fight it. you could get so much more, and by the way it sounds, you might need it for medical bills later in life. to an insurance company $3,000 is pocket change, they offer just enough so that people will settle and they never have to pay what they should be paying.If someone wants to settle that quickly you know something is up. I have a friend that settled an accident that he had when he was in his 20's now that he is older he has medical problems caused from that accident but he's up a creek without a paddle. And it's a double whameeeee his insurance won't handle his problems because it was caused by an accident he settled on, or some such reason.
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I had an industrial injury many years ago. They've paid all my medical and compensation. I have never settled with them. They offered to settle about three years ago. I called my attorney and he sent them a threatening letter. First they had no right in contacting me as everything goes through him. Nope I didn't take the $10,000 it's still there, and so are they :) I may need more when I get older.
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It sounds like you need legal advice on this one. Ask all your friends who they'd recommend or maybe the court house to see who has a good reputation. I think you have a lot more coming to you = especially with all the pain and suffering you're having.
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Best of luck and hang in there.
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From my hubby: I hurt my back when I was in my 20's and it still hurts me many years later. So don't settle, absolutely do not settle.
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