Personal Injury & Chapter 7 Bankruptcy --- Need Advice

[no_it_all]

In Sept 2003, I had a car accident. The other driver was found 100% at fault and ticketed.

Not yet... It might seem that way, but liability will be determined in a courtroom. It is very possible that you are at fault for a percentage of any injury you have sustained. Yes, even though the other party has the traffic ticket...

[anonymuse]

Not yet... It might seem that way, but liability will be determined in a courtroom. It is very possible that you are at fault for a percentage of any injury you have sustained. Yes, even though the other party has the traffic ticket...

I was slowing down and stopped at the stop light and she was too busy looking at the yellow and thinking she could get through it to notice that I stopped. Dipshit! She even said that she thought she could make it through the yellow and wasn't paying attention. (I'd insert a blonde joke here but don't want to insult anyone.)

[anonymuse]

If I was counsel for the other party I would argue that you are $$ driven by financial need, not medical need. Interesting how you waited three years and once you decided that BK might be in your future, you sue. Did I mention that there is a pre-existing medical condition of unknown origin?

I realize you're playing devil's advocate, and that's why I just really want to put in a claim to the insurance company (not actually file suit) just to get something better than $750.

I waited since my back was getting worse and worse and I didn't have medical insurance. I didn't want to file before I got these injections since MRI and outpatient stacks up real quick.

I just got on my insurance carrier's site to total up the claims for the last 1.5 months. $5400 charged to the doctor/hospital (although after insurance gives it's discounts it was only $2800) and $800 out of my pocket ($500 deductible and 20%).

I wonder if the "PI computations" (1.5 - 5 times medical) are based off of the total charge or the amount the insurance company allows?

[anonymuse]

I like this Louisiana law:

Q:
I have a history of back problems and these problems were recently aggravated by an automobile accident. How will my pre-existing condition affect my claim for damages against the responsible party?


A:
Louisiana law clearly states that a defendant "takes his victim as he finds him." This means that if a defendant's conduct aggravates a pre-existing condition, the defendant is liable to the extent that the condition is aggravated. This is true even though the defendant's conduct is not the sole cause of the aggravation, but is simply a significant contributing factor. The defendant's liability for damages is not mitigated by the fact that the plaintiff's pre-existing physical condition made the plaintiff more susceptible to subsequent injury.

I had not had any major treatment for back problems since 2001 (except for a chiro appointment here and there.)

[anonymuse]

I talked to a PI lawyer (the head of the firm called me personally) last night and he wants me to come in for consult. Since I have MRIs from before the accident and after the accident that shows that I went from bulging to herniated disc, he said there is potentially a very good case that would be enough to get me out of BK (about $40K). Keeping my fingers crossed here.

[scammer]

Since I have MRIs from before the accident and after the accident that shows that I went from bulging to herniated disc

An important little fact, that I would have liked to have known prior to answering.

[anonymuse]

An important little fact, that I would have liked to have known prior to answering.

Sorry! ** walks away with tail between my legs **

With my background (sports medicine & ergonomics), I know that:
* At least 50% of people that have never had any back symptoms have discs that radiologists and doctors would classify as herniated.
* 80% of people will miss at least one day of work at sometime during their life for a low back problem.
* Also, there is no scientific definition for herniated, bulging or protruding--it needs to go further to contained and non-contained herniation.

One of my professors was really big on developing tests for OSHA that would rule out people that were faking back pain in workmen's compensation claims so I've had it drilled in my head for so long that you can't just rely on x-rays, cat scans, and MRIs.

And playing devil's advocate, I could just see the insurance company saying that "You have MRIs from 2001 showing bulging and now MRIs in 2006 that are herniated--what proof do you have that it was this accident, and not something else, that caused the non-contained herniation?"

[lrprn]

Anon, Lawyers.com has a Personal Injury-Auto Accidents message board at http://community.lawyers.com/message...elId=22&mbId=1 . Might be worth a post there to see what advice gets offered.

[anonymuse]

lrprn,

I did post part of a question on medical expenses over there. I had three people bicker about the context and then one finally answered the question I asked.

[anonymuse]

The saga continues

OK, I'm ready to have my b!tchfest.

Yesterday, went to the doctor (orthopedic surgeon). I really like the guy (for his intellect and techncial skills), but he's not really Mr. Personality. Last time I was in there he had said our next route is surgery--to which I said, that's a long way off. (I've had my neck fused--it will be awfully hard to get me to go through that again.)

Then, I had him look at my 2001 and 2006 MRIs side by side to tell me what physical changes there are. I started getting the run around that these are 2 different machines at 2 different times--blah blah blah. Then he said that "we've got just about the same bulge in both". And how just cause there is or isn't a physical change doesn't necessarily indicate changes in pain, etc.. I asked him why he said it was herniated last time, and he said that he couldn't have said that.

I went through all his little tests bending and flexing and really wasn't eliciting pain. However, he doesn't do the one diagnostic test for sciatica and makes some comment about being flexible and not having sciatica (which I do). And then as we're reviewing the MRIs I said, "well, now I feel it." I had gotten a sharp pain down the leg and then it went numb (and has been going numb on and off since then). He said that some people are like that.

Then we were talking about the pain level and he told me that you're just going to have to choose what to do and don't do and know that if I do something that I know will have "to pay for it" the next day. I understand that there probably isn't much he can do, but his attitude pissed me off. I was so mad at myself for not saying what was on my mind--there I was thinking that I pay for it just doing the laundry or cleaning the bathroom or going to work--these aren't luxuries that I can choose not to do.

Now, since I won't do surgery, he's sending me off to a pain management specialist--and I can't get in to see him until July 19th. (Scheduling that required 6 phone calls today and was a major PITA.)

Then, off to the PI attorney. You know what--they are just used car salesmen in nice suits! I was stuck off with some recent graduate with a chip on his shoulder. The type that asks questions and then doesn't wait for the answer. Then I show him this spreadsheet of my bills and told him that I need to explain it to him. Well, before he let me explain, he goes "Oh, Wow!" I need to get Mike (the head of the firm) in here. Then, I'm trying to explain my complete situation to them chronologically and they start jumping in whenever I say something like "lost my job" and start blaming it on the car accident. They only heard key words and ways to twist things into potential dollars for them.

Then I get the typical "I can't give you a potential value on your case until I see all of the facts". I say, if I can get Dr. Personality to document that things were dormant since 2001 and then much worse after this occurred requiring 2 epidural injections, give me a ballpark and a best case scenario. He says $10K (interesting how when I was on the phone with him last week he told me I would walk away with enough to not have to even think about filing BK). Then, contingent upon them winning, they would get 38%, then the rest would be subrogated to the medical people--after all is said and done, I'd be lucky to walk away with $2K in my hand I figured in my head. These 2 guys were as pushy as heck and were trying to get me to sign with them and handed me a really dense two pages of legalese. I was trying to read and understand it and it appeared that there were still fees in there above the 38% (45% if trial) after the head of the firm had just told me that if I decided to walk away or we got nothing, that I wouldn't owe them a cent. I asked this 20-something year old guy about paragraph number six and he got really snide and said "what isn't to understand?--there isn't anything that isn't perfectly clear there that should need to be explained". I told him I would need to go home and read this on my own and gave him a dirty look. At that point, he realized that he had just lost me as a client. I got the whole thing trying to butter me up as I got up and went down the stairs to leave.

I've done all the leg work already--getting the medical records and doctor's reports together. With my background in technical writing and rehabilitation research, I can try to get the insurance company just to settle without going through the con man, oops, lawyer thing.

I was infuriated after the whole situation. And with everything just going so shitty, I postponed my home evaluation since I was convinced that if I had it done today, that it would come in too high and I wouldn't be able to handle it.

I just am going to deal with this myself. I'm so sick of it. I'm pretty tight with my insurance agent, so I'm going to ask him to read my letter and see if he can get an adjuster to read it before I send it to the other insurance company. Might have a consult with another PI attorney and run it by them--I think I need a woman PI attorney, someone that will listen to the story from start to end without interrupting--even if that means handing her a piece of paper.

Thanks for letting me vent!

[lrprn]

So sorry to hear the PI lawyer meeting didn't go well, anon . Definitely get another PI lawyer consult - they are like bk lawyers - there are some good ones and there are some bad ones. Too bad you met two that were more concerned about themselves rather than the pain and hardships you are going through.

Chronic pain is very difficult to endure day after day without relief. Unfortunately your orthopedic doctor is somewhat typical of that specialty - they love to be in the operating room and all too often are short on their people skills. Wish you were in the midwest - I'd send you to the ortho surgeon who put my fractured ankle back together last fall - he's fantastic. Hopefully the pain management team will be able to help you. Hang in there and vent anytime - you've more than earned it.

[anonymuse]

lrprn,

Thanks for letting me vent--hope it didn't sound too much like whining. Just some days are better than others and that wasn't a good day when I wrote that.