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  1. #1
    Join Date
    Oct 2009
    Posts
    7

    Smile Car Accident Personal Injury and Subsequent Injury

    I was in an auto accident in NC Feb '07 at which time I almost went thru my windshield the other driver was at fault. I suffered a concussion cuts bruises, and damage to my neck where my discs are pressing against my spinal cord causing numbness and pain in my arm.

    7mths after my accident I was assaulted while at work which I suffered another concussion, broken tooth, and took a beer bottle upside the head. Well the claim adjuster informed my atty of this work comp claim and my Atty is telling me now that it will lower my claim and we'd have no shot in court now.

    Can anyone tell me why? I've been in medicine for over 17yrs as a Paramedic and Nurse so I know medicine, my MRI's were taken well before the assault happened and they showed the damage to my neck, so how can this assault some 7mths later be a way out for the party at fault in the accident?

    It's amazing to me how lawyers can come up w/ things to work the law in thier favor when it benefits them, it almost seems like they give up before it even goes anywhere, it's as if they don't want to try!

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Car Accident Personal Injury and Subsequent Injury

    The lawyers are not be fully truthful.

    If you were planning on collecting for long term pain and suffering, yes, that affects the case. They can claim that any injury is a result of the assault.
    The attack date would kind of be a cutoff date for that. Medical testimony could overcome that theory however.

    If testimony can show that the injuries from the two cases are different, the attack should not be at all relevant. If you were working in a convenience store or something like that, they must have video. Get a copy of the video promptly.

    That attack does not affect anything else. WC shouldn't have any effect on a civil case. Most states also have crime victim's compensation funds and you can make a claim against that.

    Getting WC in one situation shouldn't have any effect on a civil case. They can't claim they are paying that money. I don't even know if it is admissible. Any good attorney for you should try to keep it out. It is not relevant.

    You have a lazy attorney.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Car Accident Personal Injury and Subsequent Injury

    It should be possible to distinguish your condition prior to the incident at work from the condition subsequent to that assault. Ask your lawyer why that wouldn't be possible, or consider seeking alternate counsel.

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