Ask Me Help Desk - Back injury fall

back injury fall

I fell from a friend's porch a little over a year ago. I leaned against a porch railing, and you could hear the wood splinter. Fell straight backwards about 7 feet, hit my head, neck, shoulders, back, and hips, then rolled downhill. I had a concussion, multiple abrasions, and back pain. She rents, so she let her landlord know the next day. After 36 physical therapy treatments, MRIs, and x-rays, I was sent to a chiropractor. During the initial evaluation, he held my head and lifted it up, and the pain in my back lessened dramatically. He said that the pain I felt in my back was coming from my neck, and did 12 treatments on me, and at the end we did a re-evaluation. During the re-eval, lifting my head up didn't alleviate the pain like before. He declared the injury permanent, I think he said the letters MPI (?) but I'm not sure, and was going to turn it into the insurance company.

The company who insures my friend's rental property said they accepted liability, so I didn't hire an attorney. My injury was declared permanent after a little over a year of treatment (November, 2009).

My problem now is that everyone is telling me so many different things. I have no idea what in terms of a settlement is fair.

I can't be on my feet now for longer than an hour now without a horrible pain that starts in the middle of my back and radiates everywhere. I had been on SSI for depression, but was getting much better, and putting in job applications before this happened. Any amount of money they give me will cause me to lose my SSI, and my medical coverage.

I'm not sure if I should hire an attorney at this point and have them fight to get me what's fair compensation, or if not, what I should ask for in terms of a settlement. Anyone have any experience with this situation? I didn't have to have any surgery, but I will need medication and probably treatments for the rest of my life.

Thank you in advance for any help.

Quote:

Originally Posted by JudithMarie

I'm not sure if I should hire an attorney at this point and have them fight to get me what's fair compensation

Hello Judith:

Insurance companies aren't in the job of being fair. Their in the job of offering the LEAST they think they can get away with. Hire an attorney.

excon

I would also like to add that this is not a "criminal" lawsuit.

There are statutes of limitations in many areas, so your location will help get more appropriate answers. In most areas you have 1-2 years from the date of being diagnosed with a permanent injury to file a lawsuit.

J_9: Sorry I placed this in the wrong category.

I'm in Ohio, statute is 2 years, accident happened on August 27th, 2008, injury was diagnosed as permanent right before Thanksgiving, 2009.

excon: Thank you as well. I had found an attorney willing to take the case, which was difficult, the landlord is a lawyer and most attorneys had a conflict of interest, but one didn't have any. I just thought it would be easier to proceed without one since they accepted liability but now I feel that will try to pay out as little as possible to protect themselves.

Glad you found an attorney. You will get a better settlement with an attorney than without one.

Quote:

Originally Posted by JudithMarie

since they accepted liability but now I feel that will try to pay out as little as possible to protect themselves.

Hello again, Judith:

Accepting liability (which would be hard to avoid), and making a fair settlement are TWO different things.

Actually, you should have had a lawyer from the git go. Hopefully, you didn't damage your case when you were talking with them yourself...

excon

Thank you J_9. I just called his office and he's out of town for the weekend but will call me on Monday.

excon: I don't think I did any damage, I barely ever spoke to the insurance adjuster except to let her know about when I was getting different treatments done because they were gathering all of my medical bills. The last time I spoke to her was in November, right before I finished my chiro treatments, because she acted like she didn't speak to anyone at the chiropractor's office, and they called and spoke to her before my first treatment. I'm actually wondering if my injury being declared permanent is why she hasn't been in touch in a month. I'm sure that's for the best though.

Quote:

Originally Posted by JudithMarie

I'm actually wondering if my injury being declared permanent is why she hasn't been in touch in a month. I'm sure that's for the best though.

Hello again, Judith:

Permanent injuries are probably above her pay grade. Yes, it's best... Let your lawyer do your talking.

excon

excon: I guess I was just really hoping I didn't have to take this to court. I'd almost rather do anything other than that, but I am not sure of how much of an impact this is going to have on my life now. I thought I'd do some treatments and be all better but it's just not turning out that way. I hate court... I had to go when I got my SSI, and I was sick to my stomach all day.

But, I have to do what I need to to take care of myself.

Quote:

Originally Posted by JudithMarie

excon: I guess I was just really hoping I didn't have to take this to court.

Hello again, Judith:

Oh, I don't think this will go to court. Just the THREAT of going to court will up the insurance company's offer. Your situation is only worth x amount, and both the lawyer AND the insurance company know what it is.

excon

excon: That's true enough. A friend did some 'math' for me yesterday, just for fun, mind you. I'm 40 years old. My oldest living relative is 90, so she took into consideration that I'll live to be that old, multiplied that with how much I receive in benefits per month, and said they at least should offer me $500,000. I told her that I hadn't even though of a number that large, and she looked at me with shock and basically said the same thing you did. Her version was "Hire an attorney, you don't know what the hell you're doing at this point."

She's right, you're right, J_9 is right... so that's what I'm going to do. I'll make sure to update after I talk to the attorney. At this point I think when he calls he's just going to schedule me to come in for a consultation.

I'm an accident investigator - even if your damages are "worth" (and I know it's a crass term) $500,000 I doubt there is that much insurance available. The ability to photograph, examine and measure the accident scene is, of course, lost - and that becomes important evidence. I am interested in what the Attorney tells you.

Quote:

Originally Posted by JudyKayTee

I'm an accident investigator - even if your damages are "worth" (and I know it's a crass term) $500,000 I doubt there is that much insurance available. The ability to photograph, examine and measure the accident scene is, of course, lost - and that becomes important evidence. I am interested in what the Attorney tells you.

Me too.

The only small thing I have on my side is that I had just done an interview with a local band for a magazine that day, and I used my pocket camera as a recording device. So when this happened, my friend went to his car and took photos while I was still lying on the ground, of the railing I fell through, and my visible injuries. Then we went back a month later, the railing hadn't been repaired and the insurance company hadn't sent anyone to look at it yet either. That was the first time I called them and asked why the scene hadn't been investigated yet. The next day they had people out there taking measurements.

So I have photos that were taken within minutes. I also still have the recorded interview in case anyone wonders why I just so happened to have a camera with me (amateur photographer, I usually have at least one).

Quote:

Originally Posted by JudithMarie

I fell from a friend's porch a little over a year ago.

Hello again, Judith:

You seem to be giving your friend a pass. Your lawyer won't. Why is HE not responsible for HIS porch, even if he's just a tenant? In a word, he is. Now, your lawyer might not go after him if he has NOTHING and no renters insurance, but he's still liable for accidents that happen on HIS property.

You also think the insurance company should be responsible for fixing the porch and not your friend. Why is that?

excon