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I was t from the rear in tractor trailer accident 2013. I

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I was hit from the...
I was hit from the rear in tractor trailer accident 2013. I have been treating for neck and back injury. I had at least 4 epidural in my neck and 4 in my back. I most recently had a spine stimulator implanted which they removed the temp stim because I
had ungodly back spasm for a 24 hr period so they removed it the next day. I had a emg on my neck and it show that I have some carpal tunnel syndrome . I get many headaches and was given prescriptions for them. I had emg on my back and it indicated nerve damage
in my leg but when they tested my back with the needles they could not get a reading saying my back was too tight after being stuck at least 5 times, so the test was inconclusive. my pain doctor and spinal surgeon say I have nerve irritation and the surgeon
said facet nerve injury which there is no way to prove . I insure company offered 70K. I was not working at the time of accident due to layoff. I have not worked since due to the injury. I am a cpa. my lawyer said there going to ask for 200K and pump up the
documents on a facet nerve injury. I think it should be more but the lawyer doesn't say I have a strong case as no real evidence. this is changing my livelihood as I used to be the major breadwinner in my family. I also wont drive on the road I had the accident
on and fear highway driving . this was my first accident. I was ticketed for following to closely which was dismissed in traffic court. I was pushed into the vechicle in front of me from the truck. what do I do or how can I get more money. I am 54 years old
and should be working. do I have a bad lawyer. my mother broke her leg in the accident she was compensated 175k and had head laceration. I hear people with nerve injuries getting much more money .. why is my case different. I had no injury to the area with
these symptoms of nerve pain down my leg for years now. I had a fall at work in the parking lot in 2009 and hurt my knee and had bursitis in my hip from falling was on worker comp for maybe two months and returned to work with no problems. those notes say
I had radiculopathy not sure what that is... had pt too. is that what is hurting my case. ... In 2013 nothing really shows on my mri except my neck shows normal age deteration back really nothing unusual they tell me. .
Submitted: 2 years ago.Category: Legal
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Answered in 2 hours by:
9/15/2015
Lawyer: Lucy, Esq., Attorney replied 2 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,017
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Honestly, the best way to find out what's taking so long or why the money is less than you want is to ask your lawyer, who has all the facts of the case. He should be able to show you jury verdicts and settlements for similar cases in your area to help you get an idea of what this particular injury is worth. It's always best to compare similar injuries - a head injury could get more than a back injury. Pain and suffering is also based in part on your medical bills, so it may help to review those to see how much you have.

It is possible that the insurance company is stalling because you had a pre-existing injury. When a car accident makes a pre-existing injury worse, the driver who caused the accident is responsible. But you have the burden of proving that the accident DID make things worse, and you wouldn't be experiencing these problems but for the accident. If your doctor will say that, you can call him to testify. Medical records are also evidence, so you can prove a nerve injury if it's in your medical records. If you weren't having all these other problems before the accident, then talk to your lawyer about how to show exacerbation of a pre-existing injury. See if he'll pull additional cases for you on that. He gets paid based on what you get paid, so if there are arguments that will help you get a higher settlement, he may be interested in pursuing them. You can also talk about what you'd want to ask for at trial and what he thinks you're likely to get. On top of that, look at the policy limitation on the insurance policy - the company will NEVER pay more than the maximum, so that could be part of the problem.

And if you really don't think your lawyer is looking out for your best interests, you have a right to hire someone else. But in many states, the statute of limitations for filing a lawsuit is fairly short, so I'd need to know what state you're in to look it up.

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Customer reply replied 2 years ago
COULD YOU FORWARD TO NEUROLOGY.. WHAT MEDICAL TESTS CAN PROVE A FACET INJURY OR NERVE INJURY BASED ON THE INFO I GAVE YOU. ALSO, HOW COULD IT BE PRE EXISTING I HAVE PAIN DOWN MY LEFT LEG ONLY AND MORE ACTIVITY AGGRAVATES IT.
Customer reply replied 2 years ago
ALSO, THIS INJURY IS AFFECTING MY ABILITY TO WORK WHY SHOULD I NOT RECIEVE MORE IN A SETTLEMENT OR DO I JUST GO TO A COURT CASE. THE PAPERS ARE FILED. THE COMPANY TRUCK THAT HIT ME HAS CHUBB INSURANCE , IT IS A COMPANY TRUCK THAT HIT ME.
Customer reply replied 2 years ago
IT DOESNT SEEM LIKE MUCH SINCE THIS IS A LIFE LONG INJURY I HAVETO PERSEVE THRU THE REST OF MYLIFE. I AM A CPA I HAVE LONG TERM DISABILITY THRU THE AICPA IN THE STATE OF PA. WHAT ARE THE PRO OR CONS OF FILING FOR IT ..I ASSUME THE DR WOULD HAVE TO WRITE A LETTER STATING I AM DISABLE.
Lawyer: Lucy, Esq., Attorney replied 2 years ago
If you have questions specific to a neurologist, I'm afraid I have to ask you to open a new question. This site is not set up for customers to ask questions in different categories and get responses from multiple experts on the same question. But the thing to do is talk to your existing doctors.
Your medical records should mention a nerve injury. If they don't, then you may want to go back to the doctors and discuss with them what is in the reports, how they are aware of the injury, and what treatment they recommend. A letter from the doctor could help for settlement purposes, but if you go to trial, the doctor will need to come in and testify.
You should receive money for any time missed from work. If the settlement does not consider that, you're not required to take it. You are not obligated to accept any settlement you think is too low, and you always have a right to go to court. But there's a risk. If they convince the jury that you already had this injury, you'll get nothing. That may be why your lawyer is encouraging you to settle. And that's the major con - you could get nothing. You need someone who has seen all of the evidence to tell you realistically what your odds are of getting the amount of money you're looking for.
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Customer reply replied 2 years ago
ok the fact that I was not working at time of the accident due to a layoff. can they still get back pay. what about apply for long term disability thru the aicpa what are the pros and cons of that
Lawyer: Lucy, Esq., Attorney replied 2 years ago
If you weren't working, you'd need to prove that the accident prevented you from getting a job and that you otherwise would have been able to find one. That could require getting unemployment statistics, showing jobs you would have applied for, and things like that. It's difficult, but not impossible to get some compensation if you would've been working but for the accident.
You may be required to repay any disability benefits you got if you receive lost wages for the same time period.
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