Car Accident in 2007 - Ogden,UT

Updated on February 05, 2011
S.C. asks from Ogden, UT
5 answers

Dec 11, 2007, I was in a car accident where I was T-boned. I was the passenger of my own vehicle. My truck that I had only had for 3 months obtained substantial damage. I had shoulder, neck, back, and sternum pain. I went to see a doctor and all he did was put me on medications to take care of the pain. They said I had an ac seperation in my right shoulder and a sterno-clavicular "sprain." Which also he blamed the pain in my left shoulder on. I went to physical therapy for 24 visits and was out of work for 3 months. My doctor finally released me back to work after the 3 months because he claimed I could lose my job if I was out longer than that, I was a CNA. I figured there was nothing I could do. My clavical at my sternum never seemed to heal, It is very easily seen, it sticks up higher than the left side. I continued working until the lifting twisting and everything was too much to handle. I then started a new profession.. Fork lift driving.. Didnt really help with my shoulder pain. Finally, I got smart and went into a profession that I could sit at a desk on a computer all day long. I finally recieved a good offer from the insurance company, $27,000 on December 22nd 2009. My attorney then told me that he really felt I should get a second opinion because I was still in pain and still had many questions, so I didnt sign for the settlement. Shortly after I went to an orthapedic surgeon and found out not only did I have an ac seperation in my right shoulder but my left as well. Not to mention that sterno-clavicular "sprain" was a seperation as well. I found out that I had to have surgery on both of my shoulders. Well here I am 4 surgeries later, Much agony, 32 PT visits and stuck with a sterno-clavicular seperation that will be present for the rest of my life. I cannot recieve surgery on my sternum bcause it is too dangerous and my doctor told me it would be "foolhardy". At this point in time, I am very curious what I am entitled to. I am a single mom and during all of this time I had a hard time taking care of her, let alone myself. I had to go through learning how to use my shoulders/arms again, and it was very hard. I could not do my own hair or make-up. I cant even tell you the pain and suffering I endoured. I am wondering what your opinions are that I am entitled to for all of this. I cannot believe that after 3 years I am still not completely done with this case. I would love for it all to be over but that says nothing about the future and what I will go through as I get older. Does anyone have an opinion on this?

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More Answers

A.H.

answers from Tulsa on

Depending on what state you were in while having your accident will have a lot to do with what you might be entitled to. I would do some more research. Your attorney should know the limits on the other party's insurance policy. Did you have medical payments (or some equivalent in your state) or underinsured motorist coverage on your policy? If you haven't filed with your insurance, you may be too late for any coverage you might be entitled to from them. I would call your company immediately and find out your options. If the other party doesn't have large limits on their policy, you might be out of luck. The insurance company may be offering policy limits already and then you would have to go after the other party in court which would be an even longer process. If the other party has large limits, such as $100,000, then you might want to consider holding out for more. If the state where you had your accident has no limits on medical payments by the person that hit you, you definitely want to have your attorney push for more. It's hard to determine the best course of action without knowing more about the insurance side of it. I definitely think your injuries have merit, but time wise and policy wise, you might be getting the best offer you can. Also, your attorney should be able to find similar cases and get a reasonable expectation of what you are entitled to. Have you spoken to him/her after seeing more doctors? Sounds like your attorney should be doing more legwork, especially since they're going to be getting a lot of that money.

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A.P.

answers from Dallas on

Everyone's case is different. I'm not just saying that either, it really is. The "worth" of your case fluctuates with the circumstances and I promise you there isn't a magic formula used. Some people believe that they are entitled to 2-3x their medical expenses, this is not the rule of thumb. Settlements depend on a lot of things: the venue, the circumstances surrounding the accident (DUI, comparative negligence, etc), pre-existing or aggravated injuries, marital status, and most importantly, the policy limit of the person at fault. You can not recover more from the person than the policy limit (unless a legal issue prevails), so if the person only has 30k in limits and they have offered you 27k, there is not much more room to go higher. However, if there limit is 100k, there's more room. Your attorney might know, but highly doubt it as most states do not require insurance companies to release that information. The insurance company would as a courtesy, however, inform your attorney that you should file an underinsured motorist claim on your own policy if they felt that the exposure was greater than the policy limits they were working with. If your attorney has not put your insurance company on notice, you can be assured that either the person has high limits and/or the insurance company feels they can handle your claim with what they have.

I don't know all of your medical history, but just on the surface, I would imagine the insurance company will be questioning the "delay" in care and surgery. Not saying it wasn't warranted, but your attorney should be working like a dog to gather all of your medical records to support causation. "Typically" when it comes to shoulder/clavicle and even rib injuries, there isn't much that can be done. However, I know this isn't always the case. But I am almost certain that the "delay" and the changing of careers will have an impact on how much they consider as reasonable. And after all of this, your attorney is probably going to take a good chunk of it (usually 33%) - make sure you check your contract and consider that as a factor.

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K.S.

answers from Columbus on

Your attorney is really the only one that can advise you on this. My husband was in an accident, as a passenger, in 2009. The first thing we did was get an attorney and the first thing they did was send a cease & desist notice to the insurance company. Any and all correspondence from the insurance company was to go through our attorney. If we had accepted their offer, the case would have been over. The best thing you can do is sit with your attorney & have them help you figure out how much further you want to go. Good luck.

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G.B.

answers from Oklahoma City on

Call your attorney and your insurance agent. The insurance agent may know a lot about the accident and what you are entitled too. They usually can tell me almost to the dollar when I have a claim, even if it goes to court.

G.T.

answers from Modesto on

Well, I hope it's a lot. Ow.

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