- Jurisdiction
- California
Hello.
Case involves auto accident (rear end-resulting in two implants in my neck.
Insurance says I had chronic issues and was low impact; they claimed 4mph mine said 6.9mph. I had no symptoms or seen a doctor in over 9.5 years for my neck. Insurance claimed surgery was not necessary.
Arbitrator disregarded egg shell rule and stated in ruling that although accident did result in an injury, he doesn't think it cause the need for surgery. Awarded me nothing by the time I pay surgery and everyone else.
Also it turns out that the insurance defense council worked for this arbitrator, appeared to have had biased with my surgeon and accident recon experts from prior cases. (Should he not have recused himself)?
Also, pressured my attorney to not have my wife testify due to time restrictions (stated he wanted to finish the case in one day).
Gave me shit because I did not wearing a suit; I asked my lawyer what to wear.
Other notes:
My attorney disclosed my award to a third party that I found out about
My attorney forgot/failed to provide my physical therapy records to defense and so they were not accepted.
Had a failed mediation prior to surgery. Then did surgery. Apparently after surgery I was offered a settlement that I do not ever recall my attorney telling me about, until it was too late and then he finally sent me the offer via email.
6.5 years dealing with this due to insurance messing around, covid and sched issues with insurance's council.
Is there legal malpractice in any of this?
Finally,
After this ruling I'm beginning to question if I really did needed surgery based on insurance companies two experts state it was not necessary. And I still have my symptoms and they are getting worse.
Is there a medical malpractice issue here?
Any thoughts or suggestions would be great. I'm only able to work 50 percent.
Case involves auto accident (rear end-resulting in two implants in my neck.
Insurance says I had chronic issues and was low impact; they claimed 4mph mine said 6.9mph. I had no symptoms or seen a doctor in over 9.5 years for my neck. Insurance claimed surgery was not necessary.
Arbitrator disregarded egg shell rule and stated in ruling that although accident did result in an injury, he doesn't think it cause the need for surgery. Awarded me nothing by the time I pay surgery and everyone else.
Also it turns out that the insurance defense council worked for this arbitrator, appeared to have had biased with my surgeon and accident recon experts from prior cases. (Should he not have recused himself)?
Also, pressured my attorney to not have my wife testify due to time restrictions (stated he wanted to finish the case in one day).
Gave me shit because I did not wearing a suit; I asked my lawyer what to wear.
Other notes:
My attorney disclosed my award to a third party that I found out about
My attorney forgot/failed to provide my physical therapy records to defense and so they were not accepted.
Had a failed mediation prior to surgery. Then did surgery. Apparently after surgery I was offered a settlement that I do not ever recall my attorney telling me about, until it was too late and then he finally sent me the offer via email.
6.5 years dealing with this due to insurance messing around, covid and sched issues with insurance's council.
Is there legal malpractice in any of this?
Finally,
After this ruling I'm beginning to question if I really did needed surgery based on insurance companies two experts state it was not necessary. And I still have my symptoms and they are getting worse.
Is there a medical malpractice issue here?
Any thoughts or suggestions would be great. I'm only able to work 50 percent.
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