Back injury/ lawyer need advice

[carkrazy1987]

Lookin to the lat-g family for alil advice. Back in August of 2011 I got into a car accident where I got hit by a G van. I was siting still and hehit me at 45mph. I received injuries to my neck and lower back mainly bulging disc between vertebrae. 3 in my neck and 3 in my lower back. After the accident, on request from the lawyer, i enrolled in a injury clinic/rehab to try and eleveate the pain and damage. Also visited doctors for check ups. The rehab helped but only temporarily. After 3 month of physical therapy the doctor recommended a nerve block on my lower back to relieve my pain. The effects were only temporary. The doctor then recommended cortisone injections. The injections helped with the pain a good amount, but i was not my priot self. Before the accident i would cycle a minimum of 20mi a day now i cant make it 2mi before back pain sets in. I also dont have the working capacity from before. I cannot lift as mucg or sustain a lift as long as i was able to before. I had to continue working everyday since the accident since i couldnt afford not to. As i sit now i have pain when i wake up. If i sneeze i feel like my back is being broken. We have finnaly arrived to the point of discussing settlements and payments. My lawyer is advising me to stay out of court as to the insurance will try and blame my injuries on my job (im a gm service tech, going on 7yrs now) the lawyer is advising that if we settle he will try and get me about $10k in my pocket. (After paying him and doc bills) Now here is were my questions come in. Does it seem like a right amount for me or do i fight for more. What should i expect to get? And what if i need more doc visits in the future? What do i do? Any advice?

[hifi875]

Get a new attorney

[kochevy67]

Get a new attorney

What he said X2. I have 3 bulging discs in my back and deal with it everyday, however I can tell you I am in pain everyday. I will never be 100% but I deal with it. My advice to you is that you should try and get in the best physical shape as possible, by this I mean if you are overweight try and drop a few lbs. As for the tatorney you should fire that one and get a new one. Keep this in mind, is 10K worth a lifetime of pain. Hope it all works out for you.

[camcojb]

My daughter rear-ended a car which then "supposedly" hit the car in front of them. I say "supposedly" because the girl in the middle said she did not hit the truck in front of her, and there was no damage to the front of the girls car, and none to the rear of the truck up front.

Nevertheless, the guy up front got an attorney and ended up with $18K after filing suit (but before going to court). I know the settlement because my daughter was being sued, and we got a copy of the final payout. I was shocked he could get that amount without being able to even prove he was hit. His attorney would have probably got a third, so he still netted $12K. That's the difference between his attorney and yours.

You need another attorney. I'm not big on lawsuits, but you were obviously injured due to someone elses mistake, and I don't think $10K is a fair settlement for where you are health-wise, especially considering you will likely have ongoing issues, and possibly ongoing bills related to that injury.

[carkrazy1987]

Thanks for the advice. We just started the negotiations so well see were it goes. I just have no idea what i should expect or demand.

[itsals1]

Sorry to here that you have back problems,your in for a long painful life, as the pain will never be completely gone. I've been using magnesium supplements as recommended by a chiropractor. He told me its natures cortisone shot! It's been a life saver for me. PLEASE get a new lawyer! Good luck!

Travis

[Rick D]

My wife was in an accident some years back, broke her leg in 6 places. Hers was a no fault accident on her part as she was a passager in the car. They were hit by a drunk driver and then hit a building. The ins company settled the day before the case was to be heard in court (they new the couldn't win because the only witness was her as she was the passenger). She got 3 times her hospital bills and if she ever has any il effects form her leg they will cover the cost! So far the ins paid to remove the rod from her leg, but thats it after 21 years you wouldn't even know she broke her leg.

That all being said not sure what your laws are in FL but here in IL you can get up to 3 times you medical bills, plus what ever else you settle on!

Get a new lawyer!!!!

[carkrazy1987]

Well looks like i got alot of votes on new lawyer. Now i guess i just gotta wait for someone who knows florida laws. Florida is a no-fault state for auto accidents what ever that means.

[garickman]

For sure get a new attorney. I don't know Florida law but the injuries you are describing a worth far more than 10K. I don't know your age or what your plans are for the future, but take a fools advice and whatever you do, DO NOT give up your future medical benefits in regards to this injury. You will never know the on going effects of an injury like this, nor will you know if in the future they will have some type of treatment or surgery to correct it. It's hard not to accept cash when there are so many things you could do with it right now, but a few years down the road when the cash is long gone and you live your life everyday in pain, you will regret it.

[carkrazy1987]

For sure get a new attorney. I don't know Florida law, the injuries you are describing a worth far more than 10K. I don't know your age or what your plans are for the future, but take a fools advice and whatever you do, DO NOT give up your future medical benefits in regards to this injury. You will never know the on going effects of an injury like this, nor will you know if in the future they will have some type of treatment or surgery to correct it. It's hard not to accept cash when there are so many things you could do with it right now, but a few years down the road when the cash is long gone and you live your life everyday in pain, you will regret it.

I just turned 25. It looks like i will be stuck being a tech for a while. The accident ruined my chances to be a police officer. I haven't settle on anything yet amd i don think i will thats why i asked for the advise of others. I figured 100 brains is usually better then mine, and experience definitely helps too.

[clill]

Do not settle. The amount they have offered is a drop in the bucket compared to the possible health issues you might have in the future due to this. Get another attorney.

[bdahlg68]

Insurance company wants to go to court less than you do. Trust me, they did the same to my brother. Play hard ball. Find out the limit of his insurance coverage and demand it. Yes this will take a long time. Yes they will low ball you. Yes they will threaten to go to court. Yes they will tell you the injuries were pre existing. They may do lots more things you don't like. But I don't see why you shouldn't be multiplying that number by 10 or 20. Get a new lawyer that believes in this. Most should offer a free consultation to listen to your case and should be confident in winning.

['64 Droptop]

If you have to have surgery it will eat up that amount real fast. I've had two surgeries and the last one cost in the $10,000 range. Than you have to figure out how much pay you will be out also.

[Flash68]

What's the other party's insurance limits?

[carkrazy1987]

I know the docs are gonna be expensive. I know i have a bunch of bills already. I know the limit on his ins is high. It was a company van kn the clock(big name company). I cant give specific details. They maybe watching :_paranoid

[Stuart Adams]

The best advice I could offer would be to get the best representation you can afford. You have been permanently altered, money don't fix that, but you also can't put a price on health. If you make 100 K a year for example and now can only work part time at 50 K then times the 50 by the number of years till 65 and start with that number and go up.

Make the lawyer work for you, or kick him to the curb. At the end of the day his back won't hurt, so think of you period.

[Andrew]

I've got to agree with the others, time for a new lawyer. I bet the insurance company gave him more then the payout he mentioned to tell you that...

All jokes aside I'm very sorry to hear how this has affected you. A similar incident happened to my father 40 years ago. To this day it still bothers him all the time. He has never been able to play sports or be very active, it has also affected his work as a machinist. He can still do it but in pain a lot of time.

When you wrote a 10k pay out I almost laughed at how pathetic a number that is for what you are and will be dealing with in the future. If it was me and I did go to court and for whatever reason lost I would be more satisfied I tried then taking such a joke of an offer.

The fact that you were in such good shape and rode your bike 20 miles a day is a testament to the fact that being a tech had no negative impact on your health up until the accident. Start with that and build from there.

Good luck, I really hope you make out alright with it.

[Bryan O]

You would be wise to hire a pi ASAP. Uncover all the assets of the person who hit you. You should have had this information already. Do not sign any docs letting the perp walk from any future civil suit.

Regarding insurance payouts, your lawyer must be clueless/incompetent. I'd find a new one. There are formulas for these types of accidents and the insurance companies know precisely how much they will lose in court. If things are as you described, your settlement should be a heck of a lot more than $10K. Apparently your lawyer does not know what the insurance company knows. Not good for you. They are playing him (and you by default) for a fool.

I'm not a lawyer but I did stay at a Holiday Inn last night. :lol: I also lost an eye in a similar accident and received WAAAAAYYYYY more than $10K.

Now you know where my name "The Patch" comes from. :lol:

[Track Junky]

Lookin to the lat-g family for alil advice. Back in August of 2011 I got into a car accident where I got hit by a G van. I was siting still and hehit me at 45mph. I received injuries to my neck and lower back mainly bulging disc between vertebrae. 3 in my neck and 3 in my lower back. After the accident, on request from the lawyer, i enrolled in a injury clinic/rehab to try and eleveate the pain and damage. Also visited doctors for check ups. The rehab helped but only temporarily. After 3 month of physical therapy the doctor recommended a nerve block on my lower back to relieve my pain. The effects were only temporary. The doctor then recommended cortisone injections. The injections helped with the pain a good amount, but i was not my priot self. Before the accident i would cycle a minimum of 20mi a day now i cant make it 2mi before back pain sets in. I also dont have the working capacity from before. I cannot lift as mucg or sustain a lift as long as i was able to before. I had to continue working everyday since the accident since i couldnt afford not to. As i sit now i have pain when i wake up. If i sneeze i feel like my back is being broken. We have finnaly arrived to the point of discussing settlements and payments. My lawyer is advising me to stay out of court as to the insurance will try and blame my injuries on my job (im a gm service tech, going on 7yrs now) the lawyer is advising that if we settle he will try and get me about $10k in my pocket. (After paying him and doc bills) Now here is were my questions come in. Does it seem like a right amount for me or do i fight for more. What should i expect to get? And what if i need more doc visits in the future? What do i do? Any advice?

I went through this twenty plus years ago but the injuries were not as severe. The settlement was based on the percentage my back was out. The insurance company sent me to their doctor and we had ours. Settlement amount was derived at by a compromise between the two percentages.

Not sure what no fault means so do your home work.

If I were you I would not settle period. Once you settle the insurance company is off the hook which is what they are shooting for. They will play hardball and you should do the same. Dont let them hurry you into making a decision. Keep them on the hook. You are working at your job but the work is causing you continued pain. Ask for additional weekly compensation for the rest of your life due to the hardship of having to work with this pain. Ask that they cover all doctors bills including the physical therapy for the rest of your life or however long it takes. These demands are not unreasonable.

Forget about living a normal life. If your demands are met the insurance company will hire a PI to keep an eye on your activities and if you are caught doing something beyond doctors recommendations they will take you back to court.

Stay away from the cortizone injections. The cortizone hardens up and makes the pain worse down the line.

I wish you the best of luck.

[intocarss]

What he said X2. I have 3 bulging discs in my back and deal with it everyday, however I can tell you I am in pain everyday. I will never be 100% but I deal with it. As for the tatorney you should fire that one and get a new one. Keep this in mind, is 10K worth a lifetime of pain. Hope it all works out for you. I am in the same boat as you from a car wreck back in the 80's The persons Ins Co told me that 8k was the best I could do and my lawyer agreed, so I settled and obviously it wasn't nearly enough


Stay away from the cortizone injections. The cortizone hardens up and makes the pain worse down the line.

. Wish I would of known that about cortizone

For the OP..get the proper compensation you deserve, It'll make life much better for you in the long run

[bulldog19]

I agree with all that you should seek a new lawyer. Also what about a new doctor? I would want to feel like I'm 100% before even considering signing a settlement agreement. Have you considered another Dr.? Ever tried chiropractic or accupuncture? I've had 2 back surgeries and can sympathize with your pain. No amount of $$ can take away the constant pain.
Get well 1st before signing anything.

[carkrazy1987]

Well looks like i got alil work to do. Gonna look into a couple other attorneys for second opinions. Thanx for all the advise. I knew what they were trying to get me was low just not that horribly low. I gotta figure out what the rules are here in fla.