Visitor Question

Motor Vehicle Accident Caused Spinal Fusion…

Submitted By: Nick (Afton, Wyoming, USA)

Two years ago I was in a motor vehicle accident and the auto insurance didn’t cover it. I fractured my C2-C3, and shattered my C6 vertebrae. I had a spinal fusion on the c6 vertebrae, and pins in the other 2. I was placed in a halo for 3 months, got out and was in a collar for another month.

For 6 months after that I had tingling and numbness in my arms and shoulders whenever I moved my head. That went away, and since then I’ve had increasing chronic pain around the fusion, and spreading to the kidney area. Obviously there appears to be complications, and I am having to pay for the follow up visits out of pocket.

Do I have a case for these extended injuries? I already have over $500,000 in medical bills that I cannot pay and I can barely work. Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Nick,

You mentioned “the auto insurance didn’t cover it”. That could mean either you collided with another vehicle and that vehicle’s insurance denied your claim, or you caused the collision and your insurance company refused to accept liability.

Either way you are in a precarious position. If you believe the other fellow was responsible for the collision and resulting injuries, and you believe his or her insurance company wrongfully denied your claim you can always sue the fellow.

On the other hand if there wasn’t another vehicle involved and you collided with something other than a vehicle, and you believe your own insurance company wrongfully denied your claim, you can sue your own insurance company for wrongful denial of a legitimate insurance claim.

Wrongful denials of legitimate insurance claims by insurance companies exposes them to actual damages and punitive damages. This means if your insurance company wrongfully denied your claim they may ultimately be responsible not only for all your medical bills, but a substantial amount in penalty, or “punitive” damages.

If that’s the case, then you have to hope your policy limit, or the other driver’s, was at least $500,000 dollars.

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

Best of luck,

Published: November 28, 2011

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