Your thoughts... PLEASE

[kawika318]

I'm a first timer on here and have a question....I live in Calif. and was injured in 03. My ladder was backed into by a car while I was on the second story of a building. I fell to the ground and broke both shoulders, fracture my head in 2 places,lost 90% of the hearing in one ear (now use a special implant to get some hearing in that ear) lost several teeth. They used implants for the front ones and an upper denture for the top back ones. I have had surgery on both shoulders(open distal clavical resections) to try to get some range of motion back. They took a good sized chip of bone from each shoulder. I think the biggest problem has been from the skull fractues. I have never really been the same. Headachs,vision probs., memory probs. It's just been a long road. But I think I am getting ready for settlment time. At leaqst my atty. say that. Does anyone have any idea what w/c might offer in a case like mine? I can't seem to get an answere from anyone. I just want all this to be over but I don't want to jump at anything due to the fact that I'm tired of this whole mess.
David

[mel1980]

wow thats sounds very painfull im sorry i dont have any info for your just hope you are doing ok.....its been a long road for you

[kawika318]

mel1980 Wrote:wow thats sounds very painfull im sorry i dont have any info for your just hope you are doing ok.....its been a long road for you

Thank you, Mel..

[vickinat]

Hi David:
Welcome to the forum, you'll find that we are like a family here. There are alot of knowledgable people on here, and they will come and give you their advice. I don't know about settlements or the rules in Ca. I'm in Pa., but I'm sure others will.

I am guessing that with all of you major injuries, you have been out of work the entire time?? Are you considered totally disabled or partially? The person who backed the car into your ladder, causing you to fall, was this person an employee of your company??

When you want to destress and have some fun, check out the "off topic area", Red is getting ready to start a Bingo game and they are always fun. I'm sorry for your injuries and that I can't answer your questions. Maybe 1171 or AQA or BadBoy will come by with their expertise.

Take care
Vickie

[bothknees]

Hi David, I live in Ca and have been through the system for 3 years now. I will help as best as I can. First I need to know if you were employed or self employed at the time of Injury, and if you are able to still work or not?. Secondly and unfortunately your injury is in 03 which puts you in the new system of WC settlement, and it's not fair plain and simple. I happen to have two claims, one in 02 and one in 03 thus Both knees. There is a book that your doctor has, and if you know him well, he will show it to you. It has all the ratings for every kind of injury. Don't fret though when you see it. My Rating by that book was 8%, but the doctor put in my Report the words Semi Sedintary, which my WC adjuster said those words alone mean 30%. My current settlement which is not final yet is 60,000 and I get 370.00 bucks every two weeks from that number for now. Now that settlement was completely without a lawyer, and by the way, my medical is still open because I will need total knee replacement within the next 10 years when I am in my 50's. These people on this site have given me great advice, and I speak to a lawyer tomorrow about my case. Absolutely Post on this site what happens with your case each step of the way, and I gaurantee you will get some great advice, and there is wisdom in numbers. Hang in there Bro.

[Lilly]

Welcome Kawika,
Holy smoke! You are lucky to even be alive I feel. Your injuries are many, and very serious. It had to take you many many months to heal. I am so sorry you had to endure such pain. I have no answer for your settlement question...(I'm in Michigan) but I'm sure others will be on shortly to give you some advise. Hopefully you have a lawyer who will fight for what you derserve. I can tell you IMO ,that 60K is low low low for severe injuries such as yours. Especially since it effected your thinking process. Do you have medical proof that the memory is not what it should be? Do you have permanent work restrictions? Hopefully "open medical " will be part of what you have requested the settlement to include...as you probably will have problems down the road. Is there a 3rd party suit involved against the person that backed their car into your ladder?
Take care, and glad you are among the world of the living! Lilly

[1171]

In general your permanent disability will be paid in bi-weekly installments based on your rating and medical will be left open. Do you have a disability rating yet?

[kawika318]

bothknees Wrote:Hi David, I live in Ca and have been through the system for 3 years now. I will help as best as I can. First I need to know if you were employed or self employed at the time of Injury, and if you are able to still work or not?. Secondly and unfortunately your injury is in 03 which puts you in the new system of WC settlement, and it's not fair plain and simple. I happen to have two claims, one in 02 and one in 03 thus Both knees. There is a book that your doctor has, and if you know him well, he will show it to you. It has all the ratings for every kind of injury. Don't fret though when you see it. My Rating by that book was 8%, but the doctor put in my Report the words Semi Sedintary, which my WC adjuster said those words alone mean 30%. My current settlement which is not final yet is 60,000 and I get 370.00 bucks every two weeks from that number for now. Now that settlement was completely without a lawyer, and by the way, my medical is still open because I will need total knee replacement within the next 10 years when I am in my 50's. These people on this site have given me great advice, and I speak to a lawyer tomorrow about my case. Absolutely Post on this site what happens with your case each step of the way, and I gaurantee you will get some great advice, and there is wisdom in numbers. Hang in there Bro.

I was imployed not self imployed. I havn't worked since the accident. Thank you so much for your input,and good luck to you too.

[kawika318]

Lilly Wrote:Welcome Kawika,
Holy smoke! You are lucky to even be alive I feel. Your injuries are many, and very serious. It had to take you many many months to heal. I am so sorry you had to endure such pain. I have no answer for your settlement question...(I'm in Michigan) but I'm sure others will be on shortly to give you some advise. Hopefully you have a lawyer who will fight for what you derserve. I can tell you IMO ,that 60K is low low low for severe injuries such as yours. Especially since it effected your thinking process. Do you have medical proof that the memory is not what it should be? Do you have permanent work restrictions? Hopefully "open medical " will be part of what you have requested the settlement to include...as you probably will have problems down the road. Is there a 3rd party suit involved against the person that backed their car into your ladder?
Take care, and glad you are among the world of the living! Lilly

Yes,Lilly,I feel lucky to be alive and I have a 5 year old son who is glad to still have his dad. As far as medical proof about my memory not being what it was. I was on life support for 17 days with alot of bleeding in my brain and neuroligist told me the memory would be one of my probs.but that it is hard to predict what happens with the brain...only time will tell. There was a 3rd party involved but he only had a $15,000 liability policy. Of that I got $5,000. It was split 3 ways,me,my atty., &w/c. I guess w/c has right to a portion of any personal ingury case I file. Thanks for you input,Lilly....This place is great....It only took me 3 years to find it...LOL

[kawika318]

1171 Wrote:In general your permanent disability will be paid in bi-weekly installments based on your rating and medical will be left open. Do you have a disability rating yet?

No,I don't have a rating yet. But I just found out today that my atty. is sending me to see a shrink for an evaluation. I don't know if that is a good or bad thing. Do you think it has to do with my rating...trying to get it higher? One more question.....Will I have a choice on taking what they offer me....Can I take to a judge and let him deside....does that ever happen?
Thanks,1171