Accident caused missed cancer treatments...

by Tracy
(Phoenix, AZ)

I was involved in a multi vehicle accident. I was the 1st car to get rear-ended. The third vehicle was deemed 100% at fault. I was diagnosed with Ovarian cancer 06/01/16. I have a weekly chemo session on Thursdays with a double session every 3rd week.

I had just had my chemo session an hour prior to the accident. When hit, I was extremely dizzy and nauseous. My shoulders, neck, and lower back were sore. I went to my oncologist the next day and was not feeling well. My chemo to this point was going very well with the only side effect suffered was my hair loss.

When they checked my blood count, my numbers were low. My oncologist stated that the possible/most likely cause was the accident putting my body through stress and anxiety. I was not able to go to work because my white blood count was deemed critically low.

I missed 6 days of work over 2 weeks, but more importantly, I was not able to get two treatments which I now have to add to the back end. My last treatment was to be October 27th and now it is Nov 10th. This is a big deal mentally because you get so excited to your last treatment.

I have only received massage therapy - 5 sessions. My shoulders, neck, and back are doing ok. What can I do here? What is a fair Pain and suffering request for all this? Thank you.

Visitor Question:
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ANSWER for "Accident caused missed cancer treatments...":

Tracy (Phoenix, AZ):

According to the Mayo Clinic, a low blood count in cancer patients may be caused by four factors. They are:

- Chemotherapy
- Radiation therapy
- Cancers of the blood and bone marrow
- Cancers that spread (metastasize)

In car accident insurance claims, pain and suffering compensation is normally a product of a victim's medical bills and related damages. Because there is no objective way to measure the amount of pain and suffering a car accident victim endures, insurance companies normally lump the pain and suffering compensation into the overall settlement offer.

In negotiating your car accident claim, you will not be negotiating an amount for pain and suffering which is separate from your medical bills and related damages. These can include your medical and therapy bills, out of pocket expenses, and lost wages directly resulting from the accident.

Unfortunately, unless you can prove with medical certainty the car accident was the direct and proximate cause of a lower blood count, which exacerbated your cancer and your suffering, your compensation will be based on your special damages.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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