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rear ended car accident

Discussion in 'Auto Accidents, Injuries' started by b4jlivecom, Jul 22, 2008.

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  1. b4jlivecom

    b4jlivecom Law Topic Starter New Member

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    On March 27th, 2008 I was making a right hand turn to my daughters daycare from the 2 lane road - speed limit is 35mph. I do not remember seeing anyone close to me in my rear view mirror or side mirror as i put my blinker on a block before my turn. I Was driving my Cadillac - brakes and blinkers all worked - as i was starting to make my turn - i was unsure of what was going on! My car was bumping and jumping all over and my car went into a spin in the direction i needed to turn even though i had my brakes on, nothing was stopping my car. A lady ran up to me and asked if i'm ok and told me what happened. I look at the vehicle she was pointing to, it was an old 70's-early 80's suburban facing the opposite direction of traffic in the lane that i was in, only she was past my turn. She had Major front end damage, My car was a mess! no doors would open, she hit me so hard that the passenger side of car was stretched to the point of the windows were no longer in the frames- but not broken- the drivers side looked like i was T-boned and the exhaust had went up into my motor so that caused my engine to be damaged (that is from the estimator that estimated the car damage). I was taken by ambulance - body board and neck brace. ER gave me an MRI and also said if i had been in a smaller car I would not be so lucky. thank god for the Cadillac! ER released me later that night saying there appears to be no damage to my neck or head even though i still hurt badly. He told me to rest but if things got better then I should go see the Doctor at the hospital he gave me a card for. i was gave a ride home from a coworker, still getting worse balence, headaches, neck pain. The next day my company that i work for called her insurance co. and was told that she is not insured. I get the police involved and a week later they tell me that she is now insured somehow, someway 2 days before the accident. Her insurance company calls me and wants to settle and they are taking full blame for the accident. They cont. called me for weeks. In the meantime I did go and see a Doctor and she told me i have a concussion and sent me to physical therapy for me neck injury. She gave me another MRI and there was spots found on my brain that the neurologist isnt sure if it is causing my issues. I go back to see the doctor a few weeks later and tell her that things are worse, my balence, speech, thought process etc are horrible..she says i have post concussive syndrome and things will get better, just takes time. April 16th , the doctor puts full restrictions on me, not to work etc. I see a lawyer - he claims that he used to be a lawyer for the insurance companies to defend them against the injured, now he works as a lawyer for the injured- how can i find that out? Also I had to take taxi's to appointments, get my 2 yr old to daycare _ i was in no shape to keep track of her and keep her safe- , is that reimbursable? and now.....July 18th I no longer am employed by my company due to im still on full restrictions from my doctor cuz of my black outs and PCS. What tests are out there so I know if i have any deficits from the brain damage i did recieve, and what is a ball park figure for settlement? My insurance co. is paying all my medical and some money per week for lost wages- and all of this has been very stressful to me since i am a very independent person. I am 35, single mom of 4 and I am in SD. Any thoughts would be great, and even though this is basically a novel, some info has been left out to shorten it, so as always - ask any questions u need to help me.... thanks a bunch.
     
  2. PILawGirl

    PILawGirl Moderator

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    You need to consult a personal injury attorney. If you're not comfortable with the one you originally talked to, find another one. There are so many of them out there it shouldn't be a problem. There is no way to tell you what a ballpark settlement would be without reviewing all aspects of the claim. Medical records, receipts, accident report, etc. Keep documenting your wage loss and any money paid out of pocket for transportation, co-pays, etc.
     
  3. france

    france New Member

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    Opine

    I surmise that you are not at ease with your current representative, I fairly say you should find and get another lawyer.

    A wide variety of symptoms can occur after brain injury.
    The nature of the symptoms depends, on where the brain has been injured. Thus, the tests really depends on the extent of your brain damage. At most,
    neuropsychological test can be made.

    About the taxi appointment and stuff, you can have it allege in your complaint and let the court decide if that would be reimbursable. Do allege only viable and reasonable claims.

    Settlement-wise, take PI girl advice.
     
  4. b4jlivecom

    b4jlivecom Law Topic Starter New Member

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    Thanks for the replies, I did go to a neuropsycologist and he suggesting cognitive deficit testing along with others that I don't recall. The cognitive will take place on Monday- takes 4 hours! Also my physical therapist is now having me catch ball, balance things, basically helping me to retrain my brain they say. As far as my Lawyer I have now , I signed an agreement that whatever settlement I get he will get a 1/3, along with any expenses. Am I still held to that agreement since I am not happy with the services? and the taxi services were for appointments, daycare - I was not in any shape to care for her- other than that I didnt go anywhere. Are those viable in your mind?
     
  5. PILawGirl

    PILawGirl Moderator

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    You can retain another attorney if you're not comfortable. He has the right to place a lien on your settlement for the work that he's done so far but a new attorney can work that part out if they decide to accept your case.
     

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