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WHIPLASH W/DDD/RECENT FUSION SURGERY

Started by CANDYK on 05/12/2010 11:46pm

I'M 51, FEMALE, JUST HAD LAMINECTOMIES AND SPINAL FUSION W/HARDWARE LAST MONTH. LAST AUGUST, MY SON AND I WERE IN AN ACCIDENT. (SHORT VERSION) AT RED LIGHT, GOT HIT FROM THE REAR, WE IN TURN HIT CAR IN FRONT, PULLED OVER TO THE SIDE OF THE ROAD AND GOT HIT AGAIN IN THE REAR. (U GUESSED IT) HE LOST HIS BRAKES. HAVING DDD AND SEVERE BACK PAIN AT THE TIME. GOT MRI'S ON LUMBAR AND SHOULDER. BUT MY BACK WAS A LOT WORSE, SEVERE SPINAL STENOSIS, /UNSTABLE VERT. SO, I CAN HANDLE ONE THING AT A TIME, LUMBAR WON. BUT A FEW WEEKS AFTER THE ACCIDENT, COULD NO LONGER TURN MY HEAD TO THE LEFT, THROBBING DOWN MY ARMS, NUMBNESS IN ARM, HAND, FINGERS. NOW 9 MONTHS LATER, MY SHOULDER STILL ACHES, WITH ABOVE ARM//HAND PROBLEMS, ALONG WITH CRUNCHING SOUNDS WHEN I MOVE MY HEAD. I NEED MRI ON NECK (SOON) BUT IS THIS WHIPLASH? MY INS CLAIM OPEN, BUT HAVING DDD FOR MANY YEARS I DON'T KNOW IF I SHOULD PROCEED OR DROP IT. PLEASE ADVISE, I HAVE NEVER GOTTEN HURT B4 IN AN ACCIDENT, AND STILL FEEL CREEPY (BUT STILL HURT)
ANY ADVISE WILL INDEED BE HELPFUL. THANKYOU

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You need to get into an orthopedic surgeon soon. Advise the insurance company of your symptoms and dont go to their doctors, you pick the doctor. ask around and get references on the doctors you are considering. If the ins. company gives you a hard time, dont be afraid to hire an attorney. But if the attorney tries to send you to his doctor, tell him you already have one. In fact, you should see a couple of doctors to make sure you are getting the right diagnosis and treatment. Your DDD shouldnt affect your claim at all or very little. after all, you were functioning just fine before the accident. Just be thankful its not a workers comp claim in the state of Texas! I actually have many of the same symptoms in my neck which was caused by a car accident. I wish you the best and dont let the insurance company tell you whats best for you! Remember, they are worried about the bottom line and thats it!

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if it wasnt your fault proceed to see a lawyer
im going threw a simular sitation
definitly see a doctor your car insurance will cover it.
im probaly looking a surgery also for my neck

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hi candyk
im going threw same thing
i have ddd and ss and when i got hit the pain was unbearable
7 months and i am out of work still
the insurance company is dening claim because of ddd
my doctor is apealing

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THANKYOU ALL FOR THE ADVICE. I DID HIRE A LAWYER. IN MASSACHUSETTS, EVERY DOCTOR, HOSPITAL, AND MEDICAID PLUS MY OWN INSURANCE WANTS TO BE REPAID. DOES ANYONE KNOW IF I DO GET $$, THE LAWYER GETS 33 1/3% PLUS EXPENSES. DOES EVERYONE ELSE TAKE A PORTION OF WHATEVER IS LEFT? JUST MY OPERATION, WAS OVER $40,000.00 THEN 4 DAYS IN THE HOSPITAL, 8 DAYS IN REHAB, THEN HOME CARE, FOR 4 WEEKS. SEEMS TO ME I'LL BE GETTING BILLS FROM ALL OVER. I HAVE BEEN ON SSD FOR 3 YEARS, NOT ONLY DUE TO BACK PROBLEMS BUT WITH SEVERE DEPRESSION.

AFTER I FINISHED PT, FOR A COUPLE OF WEEKS I WAS FINE, LESS PAIN ABLE TO WALK WITH OUT THE CANE. MONTH AGO BACK PAIN, NECK PAIN AND LEG PAIN CAME BACK. VERY DISAPPOINTED. SEE THE NEUROLOGIST ON 10/13/10. LET YOU KNOW. THANKS TO ALL AGAIN

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you get paid by liability and under insured mototrist. The pip pays your medical bills!
check out your policy
im almost pre-surgery ,car ins. denied my claim, because of DDD
Everyone said that it was the car accident thAT caused this new pain, with new and old sysmthoms.
I have been using "ARE THE PRECENTAGES RIGHT! sAM 77
Their is alot of people in our same siuation on are the percentages right

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CANDYK,

Oh my goodness...my neck crunches all the time it is the Osteophytes( bony overgrowth on the discs caused from instability of the vertebrae) making that sound, due to DDD. I think...if I remember correctly.

Ask your lawyer about all of the below and check your state laws. Your lawyer should know the answers, if he/she doesn't FIRE HIM/ HER immediately and get another lawyer.

Eggshell Skull Law & Legal Definition:

http://www.duhaime.org/LegalDictionary/E/EggshellSkullDoctrine.aspx

A doctrine of American tort and personal injury law that a wrongdoer takes his victim as he finds him.

A tort victim's compensation or damages are not discounted because of any pre-existing vulnerability.

Athey v. Leonati, [1996] 3 S.C.R. 458, (1996), 140 D.L.R. (4th) 235 (S.C.C.), online at:http://www.canlii.org/en/ca/scc/doc/1996/1996canlii183/1996canlii183.html

DAMAGES AND LIABILITY: To have a right to recover damages you must prove you have been hurt (damaged) due to someone else’s fault (liability).

LIABILITY: Check your state laws your lawyer should know. If he doesn't FIRE HIM.

DAMAGES: Two types of damages exist under law--economic and non-economic (depends on what State you live in). Economic damages are “hard costs” of your case--medical bills, wage loss, pharmacy costs, treatment-related travel expenses, baby-sitting costs during treatment, etc. Non-economic damages are the pain, suffering and interference with activities and relationships that your injuries caused you. Because juries are increasingly skeptical of pain and suffering claims, having well documented economic damages are increasingly important. The end of your case is no time to start trying to remember what days you missed work, what mileage you drove for treatments, day-care costs during treatment, etc. Documenting these in an “injury journal” can significantly increase the value of your case.

PERSONAL INJURY PROTECTION: If you were in an auto accident you qualify for Personal Injury Protection (PIP) Benefits through your own auto insurance carrier. This allows limited wage loss and medical bill payments. Your own auto insurance company, the auto insurance of any household member, or, if a passenger, the auto insurance of the driver, has the primary obligation to pay your reasonable and necessary medical bills and wage loss (partial in many cases) for the first year following the accident. To qualify you must fill out an Application for Benefits, commonly called a "PIP Application." It is imperative that you request this from your insurance company immediately to insure that your medical bills get paid by your auto insurance carrier rather than a medical insurance carrier.

References:http://www.willamettevalleylegal.com/persinjury.html

:~ ) Mali

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GREAT ADVISE MALLI!!!
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i AM A MEDICAL BILLER...AND IF I CAN'T RETURN TO WORK BY DEC 1ST, MY JOB IS GONE. I DON'T KNOW IF I CAN SIT AT A COMPUTER ALL DAY...BUT I AM GOING TO HAVE TO TALK MY DOCTOR INTO LETTING ME GO BACK NO MATTER WHAT. OH, I PREV HAD A LAMINECTOMY AT L5-S1 IN 2001, I GOT IMMEDIATE RELIEF FROM THE PINCHED NERVE...BUT IT DID TAKE A WHILE AND SOME EPIDURAL INJECTIONS BEFORE I WASN'T IN SO MUCH PAIN. NO IT IS A COME AND GO WITH THE SCIATICA...BUT MY BACK HURTING EVERYDAY IS A GIVEN. STANDING IN ONE SPOT IS A KILLER...I TAKE SOMA MUSCLE RELAXERS EVERY NIGHT AND HAVE FOR YEARS...AND I TAKE VICODIN DAILY AS NEEDED...USUALLY 1-2 PILLS PER DAY...FOR PAIN CONTROL. THERE ARE DAYS I NEED MORE...BUT I TRY TO KEEP IT AT A MINIMUM. I SURE USED A LOT MORE RIGHT AFTER SURGERY....BUT I DO FEEL BETTER THAN I DID...JUST WORRIED THAT MY FINGER IS GOING TO STAY NUMB AND THAT MY ARM WILL STAY SORE. I HOPE THE BEST FOR YOU....BUT I SAY DEF....DON'T GIVE UP. OH!! AND THE AMOUNT THE ATTORNEY IS ASKING FOR IS THE GOING RATE.

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hey candx
i just had sugery on my neck about a month ago
c34 567t1 i had the h special surgery do mine
i feel alot better, but do have some pain
i had ddd , but the car accident caused most of my pain
I EXPECT TO GET PAID!

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