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Injured & Need Advice (herniated discs, etc)
07-28-2010, 10:17 PM
Post: #1
Injured & Need Advice (herniated discs, etc)
INFO:
I live in Illinois and was hit by a car while walking while working three months ago. The driver was negligent and is 100% at fault. Their is a security video of the incident. I got a lawyer and am filing a claim against WC and the driver's insurance.

INJURY:
I suffered several injuries, the most significant being two herniated discs (lower lumbar). I have been seeing an orthopedic doctor regularly (weekly, bi-weekly), have had three epidurals, and been in physical therapy and massage therapy consistently since the accident. I have been in constant pain, and will try anything before going the surgery route.

QUESTIONS:
1) Has anyone continued to have pain after three epidurals?
2) Any ideas what I could do next, before considering surgery if my situation doesn't improve?
3) What can I expect in the way of compensation? Is it possible that my settlement will barely cover the expenses from my injury?

Anyone in a similar situation? I appreciate anyone's help...
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07-28-2010, 10:43 PM
Post: #2
RE: Injured & Need Advice (herniated discs, etc)
Standard spine specialist advice is give it 18 to 24 months and it should resolve. Most do.

What you don't say is if there is any radiculopathy and I assume not since the surgeon is doing epidurals. Progressive neurologic loss is an indication for surgery sooner rather than later.
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07-28-2010, 10:43 PM
Post: #3
RE: Injured & Need Advice (herniated discs, etc)
What you need to know, is you have what is called a 3rd party suit going. That is with the auto insurance. So any money spent by the work comp insurance will be recovered from the 3rd party suit right off the bat. So, any money you get there, most will go right back into the work comp Insurance, what is left is then your money.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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07-28-2010, 10:54 PM
Post: #4
RE: Injured & Need Advice (herniated discs, etc)
Cycler - I had a lot of pain down my legs to my feet, if that qualifies as radiculopathy.

BBBB - How much compensation have you seen given in these type of cases when the driver is negligent and 100% at fault. Will the video help to insure a significant settlement? I'm worried because I have a friend who had similar back issues, which required major surgery 10 years later that cost $38,000.
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07-28-2010, 11:01 PM
Post: #5
RE: Injured & Need Advice (herniated discs, etc)
Your use of the word compensation, can have a couple of meanings. You need to explain wha your looking for.

If it's a dollar amount, then you first need to know, what is the Max coverage with the auto Insurance, as many only carry the Mim coverage. Meaning if the coverage is only 20,000, that would be the max you can get, if it was 100,000.00 then that is the max. Can't say on dollar amounts, for the numbers are all over the place when it comes to settlements, form 20,000.00 to 300,000.. Who really knows, as each case will be different from the next.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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07-29-2010, 03:07 PM
Post: #6
RE: Injured & Need Advice (herniated discs, etc)
In my first w/comp case i settled for less with them and they removed the lien against the 3rd party allowing me to recover and keep all the monies from the 3rd party. the third party amount was going to be higher--so figure out where the most amount of money will come from and then negotiate
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07-29-2010, 03:39 PM
Post: #7
RE: Injured & Need Advice (herniated discs, etc)
Fireball, I knew a person that had done theirs like you did. They were caught up in a trick bag, because they didn't read the aggrements. Neither Insurance companies paid the medical bills, hospital bills and such. It stated in the aggrements the bills are to be paid out of the settlement money from both parties. Well, like I said they didn't read into, spent plenty of money catching up on things. Then the bills came in. This person lost their home after that.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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07-29-2010, 04:29 PM
Post: #8
RE: Injured & Need Advice (herniated discs, etc)
wow, the system can find many ways to injure people even more financialy when they think their about out of it. In my case I had reached mmi and my workcomp settlement stated they were to pay all medical bills and each one was listed on the settlement page. I did take a lot less on the workcomp settlement but there was more money to be had by the third party. I guess i was lucky in that after 5yrs i think the workcomp company just wanted to be rid of me. you have to make sure you have a solid case against the 3rd party before you make such a decision as i did. there can be no mistake that you will win against the third party. i just wanted to let them know there is always that option. thank you for giving them the insight of what happens if all agreements are not read before going through with this type of settlement.

cheers!!!!
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07-31-2010, 05:32 PM
Post: #9
RE: Injured & Need Advice (herniated discs, etc)
fireball Wrote:wow, the system can find many ways to injure people even more financialy when they think their about out of it. In my case I had reached mmi and my workcomp settlement stated they were to pay all medical bills and each one was listed on the settlement page. I did take a lot less on the workcomp settlement but there was more money to be had by the third party. I guess i was lucky in that after 5yrs i think the workcomp company just wanted to be rid of me. you have to make sure you have a solid case against the 3rd party before you make such a decision as i did. there can be no mistake that you will win against the third party. i just wanted to let them know there is always that option. thank you for giving them the insight of what happens if all agreements are not read before going through with this type of settlement.

cheers!!!!
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07-31-2010, 05:36 PM
Post: #10
RE: Injured & Need Advice (herniated discs, etc)
I got hurt at work back in 2008, was in pain for a long time(still am)
injections didnt do nothing for me I had 3 of them.
I ended up having surgery, laminectomy- discetomy.
wich I now regret having, the pain, and the cramps down my legs
are worst then ever, I would suggest you do a alot of research
before you decide for surgery, Iam telling you once they cut you open.
its hard to undo or reverse the symptoms.
I truly regret having the surgery...I wish you the best
I understand your pain, you are not alone
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