Pain of existing injuries was worsened when rear ended...

by Linda
(CA)

I was stopped in heavy traffic and the car behind me hit me at approximately 25-35 mph. She admitted she was looking down and her child told her to "stop mommy." Her insurance company accepted full liability.

I already have constant pain with my fibromyalgia and joint/muscle problems, in addition to some aging related disk deterioration in my spine, and have just started to see my chiropractor about a week after the incident. I waited to see if the increased pain calmed down, but my pain is worse.

I normally don't have headaches and am having mild ones, as well as increased pain on the whole right side of my body, from my neck on down to the foot. It is not debilitating, however I experience fatigue easily and find it difficult to walk much due to pain in my foot and glut/hip/lower back area. My neck and back hurt easily when I do anything.

What amount in addition to medical expenses and repair of my vehicle would be an appropriate settlement? How do I confirm these types of issues medically to be sure I get fair compensation? Thank you.

Visitor Question:
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ANSWER for "Pain of existing injuries was worsened when rear ended...":

Linda (CA):

The existence of your pre-existing conditions will make negotiating your injury claim a challenge.

To obtain a settlement amount you believe to be fair will require a written medical narrative from your physician, and not your chiropractor, confirming that the injury you sustained in the car accident is separate from your pre-existing fibromyalgia, joint/muscle problems, and age-related disk deterioration in your spine.

If your physician can't confirm that, then at a minimum your physician will need to confirm the accident directly exacerbated your pre-existing conditions, and to what degree.

Unfortunately, insurance companies do not afford chiropractic narratives the same credibility as physicians.

To negotiate a fair settlement will require more than your assertion: "I normally don't have headaches and am having mild ones, as well as increased pain on the whole right side of my body, from my neck on down to the foot."

For the insurance company to take those issues into account will, once again, require medical substantiation. The insurance company will not take your word for it. Your physician can make or break your settlement negotiation with the medical narrative. The sooner you obtain the it, the better.

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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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION