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  1. #1
    Join Date
    Mar 2018

    Default Compensation for Car Accident Injuries With Residual Physical Impairment

    My question involves an injury that occurred in the state of: Texas

    I was in a car accident in January 2017. I was hit while driving through an intersection and a car hit me while turning left. I was hit on my driver side in front of the door. Both cars totaled and towed. My medical bills are roughly $38,000. I had a concussion and cervical sprain, back sprain and I also had a partial rotator cuff tear in my non dominant arm. My question mainly involves the rotator cuff injury. I went through therapy for the injury originally and it helped somewhat but I didn’t get back to my pre accident level. After I finished therapy for the shoulder and other soft tissue injuries there was a gap of about 3 or 4 months and then I went back to ortho who ordered an mri and confirmed a partial tear. I had surgery in November 2017 and went through therapy again and I am now finished. No preexostin injury whatsoever on any thing I was treated for and I have always been an active person playing a lot of sports and working out. Does this “gap” mean anything I got my case and if so what other things would be relevant to this gap.

    Also, my lawyers had me get treatment on an LOP from various providers even though I have great health insurance and I always meet my out of pocket max every year so basically I could of paid for nothing if I just had hadnised health insurance. They said it’s better because basically the medical bills would be higher this way as opposed to using my health insurance. They mentioned it was a risk and all which I get but they were confident this was the way to go. Anyone know why or agree or disagree?


    Does having type 1 diabetes and having a harder time managing the disease because of the accident due to not being able to work out and also the various pain meds and concussion meds having an affect on my sugar level and health affect my ability to obtain pain and suffering?

    Thanks for any and all responses

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Compensation for Car Accident Injuries With Residual Physical Impairment

    Although the cost of uninsured care is generally going to be significantly greater than what insurance pays for the same care, I am skeptical that anybody but your lawyers and their doctors are going to come out ahead on the deal. The insurance company should be considerably more sophisticated than using a simple multiplier on the medical bills to get a figure for non-economic damages. But if they explained to you the risk and you chose to gamble on the possibility of a higher recovery by letting the doctors place a lien against your recovery, you'll just have to wait and see what happens.

    "It's harder to work out" isn't really a claim that is distinct from pain and suffering. Have you suffered any actual medical complications in your diabetes care, with actual financial or long-term health consequences as diagnosed by your doctors and attributed to the accident by your doctors?

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