What is the name of your state? Tennessee
Around 6 years ago, I had ongoing soreness in my left shoulder which resulted in seeing a bone & joint doc. PT was prescribed and I was 100% pain-free after.
4 years ago, I was struck by a semi truck . As a result, I had a SLAP tear in my shoulder. I receive PT for it but continued to have pain anytime I raised my hard above my shoulder. My doctor said surgery was the only option.
I put off surgery for nearly 1 1/2 years due to family issues and the fear I would not be able to pay for medical bills before the claim was settled. During that time, the pain went from general discomfort to intense pain depending on what I was doing.
Around 10 months ago, I went ahead and had the surgery followed by 8 weeks of PT.
My lawyer (who I hired a few months after the accident) had advised me to have the surgery much sooner. He is working with the truck company lawyers now. I've had a deposition as has a rep from their company and the driver.
We're now in the process of trying to reach an agreement and the insurance company offered $52,000 in reply to our first ask of $350,000.
They claim the injury was pre-existing due to the prior visit to the doc and feel the reward should be much less. My doc has said that it appeared the injury from the accident was totally new in a letter to my lawyer during discovery.
I am still experiencing discomfort/pain in my shoulder. Nothing as intense as before the surgery. I'm guessing 80-85% of before the accident. Since it has been 10 months since the surgery, I am beginning to wonder if this is something I'll have to live with the rest of my life (age 56 now).
I am growing frustrated with my lawyer as, it seems, whether or not this was pre-existing is impacting the value of the reward. I don't quite understand this as I could have continued living a pain-free life if this accident hadn't occurred. Add to this that my doctor has said the injuries were not related (but he's not been called to do a deposition yet).
Since this hinges on my doctor's opinion (and I have a MRI after the first shoulder visit and the one after the accident), why won't my lawyer find out exactly what my doctor will say if this goes to court? I understand there is expense involved but I can see the amount of the reward changing significantly based on his answer.
Also, the driver of the truck has been in many accidents the last few years (7 or more) which led to him being fined and even retaking driving classes. No punishment as given for hitting me. Also, my lawyer received all his driving records and, on the day he hit me, the number of hours he drove was whited out and written over with another hour which shows he drove 20 hours the day of the accident (and in federal violation). A rep of the trucking company claimed it was a typo though it seems very strange they'd go to the trouble of whiting out a number just to write in a number which is a violation of the law.
I'm just here to get some thoughts. I wonder if I should push my lawyer to bring in my doctor for a deposition or if that has to be request of the defendant. Is there another way we can get my doctor's option beyond the letter he provided? Is this offer based on pre-existing from the insurance company some tactic to offer less? I know both parties want this to be settled but I'm unwilling to accept less than what is fair which leads me to my final question: "What is fair?" My lawyer says 4x medical but I don't feel that trumps the pain I may be dealing with the next 25 years.
Sorry for the long read and thanks for any advice in advance.
Around 6 years ago, I had ongoing soreness in my left shoulder which resulted in seeing a bone & joint doc. PT was prescribed and I was 100% pain-free after.
4 years ago, I was struck by a semi truck . As a result, I had a SLAP tear in my shoulder. I receive PT for it but continued to have pain anytime I raised my hard above my shoulder. My doctor said surgery was the only option.
I put off surgery for nearly 1 1/2 years due to family issues and the fear I would not be able to pay for medical bills before the claim was settled. During that time, the pain went from general discomfort to intense pain depending on what I was doing.
Around 10 months ago, I went ahead and had the surgery followed by 8 weeks of PT.
My lawyer (who I hired a few months after the accident) had advised me to have the surgery much sooner. He is working with the truck company lawyers now. I've had a deposition as has a rep from their company and the driver.
We're now in the process of trying to reach an agreement and the insurance company offered $52,000 in reply to our first ask of $350,000.
They claim the injury was pre-existing due to the prior visit to the doc and feel the reward should be much less. My doc has said that it appeared the injury from the accident was totally new in a letter to my lawyer during discovery.
I am still experiencing discomfort/pain in my shoulder. Nothing as intense as before the surgery. I'm guessing 80-85% of before the accident. Since it has been 10 months since the surgery, I am beginning to wonder if this is something I'll have to live with the rest of my life (age 56 now).
I am growing frustrated with my lawyer as, it seems, whether or not this was pre-existing is impacting the value of the reward. I don't quite understand this as I could have continued living a pain-free life if this accident hadn't occurred. Add to this that my doctor has said the injuries were not related (but he's not been called to do a deposition yet).
Since this hinges on my doctor's opinion (and I have a MRI after the first shoulder visit and the one after the accident), why won't my lawyer find out exactly what my doctor will say if this goes to court? I understand there is expense involved but I can see the amount of the reward changing significantly based on his answer.
Also, the driver of the truck has been in many accidents the last few years (7 or more) which led to him being fined and even retaking driving classes. No punishment as given for hitting me. Also, my lawyer received all his driving records and, on the day he hit me, the number of hours he drove was whited out and written over with another hour which shows he drove 20 hours the day of the accident (and in federal violation). A rep of the trucking company claimed it was a typo though it seems very strange they'd go to the trouble of whiting out a number just to write in a number which is a violation of the law.
I'm just here to get some thoughts. I wonder if I should push my lawyer to bring in my doctor for a deposition or if that has to be request of the defendant. Is there another way we can get my doctor's option beyond the letter he provided? Is this offer based on pre-existing from the insurance company some tactic to offer less? I know both parties want this to be settled but I'm unwilling to accept less than what is fair which leads me to my final question: "What is fair?" My lawyer says 4x medical but I don't feel that trumps the pain I may be dealing with the next 25 years.
Sorry for the long read and thanks for any advice in advance.
