rear ended a month ago...help Need advice

Discussion in 'Fibromyalgia Main Forum' started by PainPainGoAway, Mar 10, 2006.

  1. PainPainGoAway

    PainPainGoAway New Member

    I haven't posted in ages...glad to see the board is still up and running!
    I got rear ended last month and the impact was so hard I ended up w/ my face smashed into the steering wheel-- yes with the seatbelt on.

    The agent from the person's insurance has been pestering me to settle...I went to an attorney and he actually told me to kiss her butt and wrap up my chiro visits because if she finds out I have FM, plus my other health issues (scoliosis, arthritis of the spine) I'd walk away with nothing-- especially since I'm waiting for disability. Of course he didn't think it's fair...but FM is one they love to use against us.

    I was an innocent victim of a collision...the damage to my van was extensive (it hasn't been fixed yet do to a part that is waiting to get it but they promised to pay for the damages)...she doesn't have any medical info on me but I feel as if I'm getting a raw deal. I don't want to do anything more than get my medical bills paid for and some fair compensation...

    Any advice would be appreciated. I went to the emergency room (drove myself and my daughters) and was diagnosed w/ cervical strain and a concussion. I don't work...
    But my life has been turned upside down...
  2. alaska3355

    alaska3355 New Member

    with another attorney? It's like doctors....get a second opinion. That's terrible that they want you to just drop it. I'm sure it's making your fibro worse. I'll keep you in my prayers and hope that things get better soon! Terri
  3. rockgor

    rockgor Well-Known Member

    and even experienced attys can't predict the results of litigation. Can just say, "Generally a case like yours gets this kind of result."

    If you have a jury trial, you must realize that most jurors are not educated or sophisticated, and are generally making an emotional response to the situation.

    In any case where the plaintiff had a pre-existing condtion, the defense will claim it is that and not the accident that is responsible for the disability, pain, etc.

    Good luck.
  4. NyroFan

    NyroFan New Member

    painpaingoaway:
    I agree with Alaska. You might want to do some 'lawyer shopping'. Also, the accident might have made your pre-existing conditions worse. Food for thought.
    Hugs,
    NyroFan
  5. gongee

    gongee New Member

    I am so sorry to hear about your accident,I have been in your shoes. I was not only rear ended which began my fibromyalgia but then hit head (no fault of my own) which sent my fibromyalgia out of control. I had to leave my job and I am now on disability. The first car accident was settled before the second accident. Now I am awaiting the outcome of the last one. Yes, the lawyer for the insurance company is pushing the fibro stuff, saying that I had it before the last accident which is correct, but the fact remains that the second accident severely worsen my condition. I am scheduled for a court date April 26, 2006, but my lawyer says she doubts seriously it will go to that far, because if the jury takes one look at me the inusurance company will surely lose and I will probably walk away with more of a settlement. In my case, I did have fibro before the second accident but I was still working full-time and I tried to work as long as possible after the second accident but it got to the point I was not functional. Keep hanging in there and don't give up. That is what they wnat you to do. Take care. Sheila
  6. livin4him

    livin4him New Member

    and the fall was due to a spill of thick cleaning liquid on the floor. I spent six months going through doctors who did only X-Rays to find out what it was. Finally after tortous pain and persistence they did a catscan and discovered it was fractured and torn tendons.

    Walmart said it was not their fault because the spill was not on the floor longer than 5 minutes. I spoke to 3 different attorneys and none of them wanted to take on Walmart. I was just too sick with other stuff to try and continue to fight it. If I would have had the energy I would have tried to fight it. But I couldn't. Then my insurance ran out and I still had the injured foot. I've injured it twice since then, it is still messed up.

    I am so sorry you had this wreck and it sounds like it was bad. If you have the energy I would get some 2nd, 3rd and 4th lawyer opinions. But, I can also agree with what this attorney is saying, they do love to use FM against us.
  7. PainPainGoAway

    PainPainGoAway New Member

    i appreciate the replies...my van is still at the shop-- this is the 4th day...now that it's obvious that the impact was much worse than what it looked like...the agent has changed her tune and is being nicer. She still has no idea of my health...not that it's her business...the pain is now so intense the only way to get any relief is to lay in bed...impossible for a single mother of three...

    I thought about contacting another attorney but getting the energy to do it is what I need. I got my disability rejection letter a week after the accident and will need to get one for that. The lawyer said that would hurt my case that I'm already "disabled"...
    I'm doing a bit better, but it's been horrible...
    I'm grateful that I wasn't injured any more than what I have...but what little I could do has been altered in a way that I was not expecting.
  8. PainPainGoAway

    PainPainGoAway New Member

    I have tears in my eyes after reading your reply-- I worked so hard to get OFF the couch, and now with all of this, it's just a neverending night mare. Friends have been supportive and helped out w/ meals, transportation, babysitting...even housework...none of which I needed to this degree before I got hit.
    I will look into a lawyer now for sure. I didn't know they can't acsess your medical records other than relating to the accident-- that makes it more worthwhile to make sure I do what I can and not just be a victim. I went to the emergency room, which asked for a list of meds and of course I gave it, plus mentioned the FM and the x-rays show the scoliosis...My best friend (who also has FM) was in the passenger seat and is in the same situation as me, except her kids are grown!
    I have been seeing a chiro...if not for him I don't think I would even be sitting.
    I looked at your bio-- My mother is German (she didn't learn English until after I was born), and I lived in Germany for a few years in the mid 80's...I went to Weisbaden to the military hospital for my scoliosis treatment (I wore a brace for several years)...but lived near the Dutch border in a small village near AAchen..small world, huh! I sure miss Europe too! I lived half my life there and wish I could travel.