Advice...

Hi krw135,

I was in a a major car accident in 2004. I was heading to work, driving on the highway, and someone from the opposite direction crossed the median, trying to get onto a rural road. We collided and the airbags & seatbelt saved my life.

I have permanent hip & SI damage from the incident, and maybe some other issues caused by it.

For months after the accident, my back was in constant spasm -- and those who have been in similar accidents likewise experience muscle pain for months after as well.

So, aside from major injuries, the jarring effect of the collision will likely cause you some problems for a few months. If I recall, the back spasms got better slowly and didn't fully resolve for about 6 months.

On the legal side, be aware that you may not yet know the extent of your injuries. The broad pain from the impact, and your chronic pain may be masking something. It may only stand out once some of the more acute aspects of the trauma subside.

So, be sure that you have a record of seeing an MD about the accident so that he has notes on where you are in pain. That way, in case a law suit in in order down the road, there's evidence as to when the problem(s) arose.

Further, even with minor accidents, insurance companies offer personal injury settlements. You might get a call from an adjuster from the liable party's company and it would be prudent to not answer his/her questions. Give yourself some time and see how things unfold. I'm not an attorney, but from personal experience, that is how I would handle it.

 

        ...Yes I do!...go get checked out!...and don't sign off on any insurance papers saying that you are ok. Most insurances companys will not be forth comming on treating you well and will get by as cheap as possible. It's the name of the game these days it seems.

   My step daughter just had a wreck a couple of months ago, and thought she was ok as well...but then 48 to 72 hrs later, the symptoms showed up, and she has been off work ever since with bad neck and lumbar pain. There are lawyers who will take on cases like this with no payment...and will only take a pre determined percentage. The only reason I suggest this route...is because your injuries could be life long and you need to be compensated, and the compensation may be more than you would otherwise recieve even after the predetermined charge the lawyer will recieve...if the case is won.

    In all!...make sure you are honest about your injuries...and don't get caught playing the other game...it is not worth the risk and is flat out wrong. Most consultations are free of charge...if not walk the other way!

      I hope you get better and do not have to go through this paperwork nightmare...but again do not forget to protect yourself of lost wages, suffering and ect.... that are dure to you...because of someone elses mistake.

     Good luck!

      SE

     

I know you dont want to make waves, but you have to make sure you're ok. This is not something to start worrying about "whats going to happen to the other guy", if there's serious damage in your neck, the longer you wait, the more fuel you give to the other insurance company to fight it in court. Depending on the provisional licensing laws of your state, this 16y/o probably just lost their license, not much you can do about that, but you can keep this from turning into a tragedy by getting medical treatment, and making sure your not seriously injured. I would insist on an mri if it was me. Do not wait on this, accidents can cause life threatening conditions with little to no symptoms at first.

Regardless of how you felt at the time of the accident, it would have been prudent to have gone to the hospital or ER to be checked out, and get your conditon down on record. This is important if anything negative showed up later, and for potential legal reasons.

Glad you were not seriously hurt, or the other driver. Hope you do well.

David in SC

Sounds like you are all set on the practical/financial side...so that is good!

Now just go and get checked our physically to make sure you are ok which is most important:)

Keep us posted..

Hi KW, I worked in the legal field for over twenty yrs and we handled personal injury claims, along with various other type of PI cases. Its not unusual to think you are ok especially the first day, like you the 2nd day is when it hit and this is normal. By all means get checked out. Since you are seeing your PM dr tomorrow you need to let him know about the accident. But, he needs to make a separate chart on you for the auto accident if he is going to treat you for the auto accident.

The adjuster assigned to you claim will most likely contact you wanting to take a statement about the accident. This is their job to investigate the accident, they have to get everyones version on what happened. If they ask to take your statement cooperate with them and give the statement. They have a list of questions they go through that is standard questions. One of them will be were you injured and you say yes, the next day is when the pain started. If you do not cooperate they will back burner the claim for that reason. You basically have two claims, one for property damage and one for personal injuries. I know everyone is giving conflicting opinions on what to do but I can tell you from experience from working in that field if you ignore them and not cooperate you will get nothing done and that includes getting your vehicle fixed. You have nothing to hide, just be honest.

Take care....Susie

KW, getting a atty is a personal decision. I will tell anyone if your dr checks you out and says you are ok and this will go away in a few weeks, I would wait and see how I felt in those few weeks. If you have a couple of visits to the dr and things check out good you could negotiate a settlement on your own. If it goes the other way and something shows up in your medical then look at getting an atty. Take your time when looking for one, be sure he/she is board certified in personal injury. One of the best ways to find a good atty is through friends or family, they may have used someone who did them a good job. Another good referral source is calling your local bar association, you tell them what kind of an atty you need & they give you names & numbers from a list. Stay away from the tv guide attys that toot their horn on how good they are, they care only about volume of cases, they have no idea who their clients are or what they are about, its a numbers game.

Each state has a statute of limitations on PI cases. My state has a 2 yr statute of limitations, meaning if I am in an accident I must settle the claim or file suit in the proper court before the 2 yr anniversary of my accident. If I fail to do this my claim is over and done with.

These cases are handled on a contingency basis,you pay no money up front. An atty can charge any where from one third to forty percent is about standard plus their expenses. Their fee is on the total settlement too.

The main thing is to have yourself checked out and then give it some time to make sure you are ok,

Take care,,,,Susie

 

        Morning Krw135! Life has a habit of throwing things like that at us. You have gotten many good suggestions...but the bottom line is...that you need to protect yourself...just in case this health issue lingers on into a larger and longer problem.

      Also, most of the PI lawyers will usually do a consultation for free, and if there is a need to proceed, they generally do not charge up front. So!..if the visit is free you may consider going and listening to what they say,.....only if you are injured, and it looks like this is not going away anytime soon...and you are unable to work because of the injury. The choice is up to you....we are just expressing our concerns based on personal experience's some of us have had. I really don't dissagree with anyone here, and every state is different in their laws..and of course every lawyer is different.

   I only caution you, because of what we have seen with Mrs. Scream's daughter go through. It sounds a lot like you...thought she was ok..but then horrible pain popped up, and she has been off work ever since. I will say that in her case the other drivers insurance company moved quickly on the case, and she had a check in her hands within a few days for the replacement of her car that was a complete loss. This was prior to seeking legal counsel. So far she has been recieving checks from the insurance company for lost wages, all of this being done through a lawyer.

   Take care, and we all hope you come out of this with as little suffering as possible.

    SE

Yeah, I should have known better about the massage. I was just sore and thought it would be relaxing...bad bad idea. I am so glad its finally friday and I can get some much needed R&R this weekend. What a week. I just really want to thank all of y'all for all the wisdom and advice. It def gives me a lot to think about and consider. Y'all have been so wonderful! It so nice to have an outlet and be understood. I will update after my PM appt today:)

Its so expensive having repairs done. Has the insurance company sent an adjuster out to look at your vehicle yet? Oh, one thing I forgot to tell you, go to take pics of your vehicle before they start any work on it. Those pics can come in handy later if needed. You may or may not need them.

Last wreck I was in kid t-boned me too, I came home and got in the jacuzzi. Next morning I was so sore and then the bruises started showing up. I got hit in the face & chest by my airbag and had burns from it. I refused the ambulance that showed up, their concerns was me being hit in the chest by the airbag, yapped about heart contusion, I told them if I felt any difficulty I could go to ER.

SE is right, most attys do not charge for the consult, however, do not let any atty try to pressure you into signing up with them either. You will know what you need to do when you are ready.

Take care.