Problems getting treated after a Maryland Mass Transit accident...

by Rosea
(Dundalk, MD)

I was a passenger on the #31 CCBC Dundalk MTA bus when the driver slammed on the brakes to avoid hitting a van who jumped in front of it to make a right turn. When the bus slammed on the brakes I jerked forward really hard. The bus then came to a complete stop. The bus driver attempted to get the van driver's info, but he refused to give it.

I was aching a little from being jerked forward, but not bad enough to go to the hospital that night. I sat on the bus along with the almost 30 other passengers and waited for the MTA or Baltimore City police to come. No one came for more than an hour.

I called the MTA police and reported the accident and waited another 10-15 mins until another 31 bus came, so the passengers and I got on that bus and continued to Dundalk. The police never came. I contacted an attorney to get advice on what happened. I could not just continue to sit and wait because I am a single mother of a less than 2 year old son. I needed to get to my baby.

I woke up the next day with horrible pain in my neck and back. The attorney sent me to 2 doctors. The MTA has not contacted me yet. The attorney says the MTA is denying the claim and they are pursuing it under the underinsured motorist law.

The accident was in November 2015. It is now February 2016. The adjuster for the state of Maryland's uninsured motorist claims was just assigned this week. I am still in a lot of pain. My lower back is constantly aching.

The attorney told me to stop Physical Therapy once the PIP expired. I have told the attorney several times that I am still in horrible pain. I asked if I could just go see my PCP with my insurance because the pain is bad, but they keep telling me if I do that they will have to start the claim over.

I don't know if this is going to result in any money to pay my doctor's bills, or for the pain, but my main question is this: should I continue to wait or should I just go see my PCP? I don't know why I can't go to another doctor. I just want to get better. What can I do in this situation? Thank you.

Visitor Question:
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ANSWER for "Problems getting treated after a Maryland Mass Transit accident...":

Rosea (Dundalk, MD):

It is our policy here at not to interfere with the attorney-client relationship. To do so would be wholly inappropriate. Your interests are best served when you heed the advice and counsel of your attorney. However, you also have a right to seek additional opinions from other attorneys.

Here's some info on how to choose the best injury attorney for your case.

Generally speaking, there is nothing more important than your health. Putting aside legal requirements, insurance companies, attorneys and other influences, your first priority is your health. If you are in pain and discomfort, immediately go to the closest medical clinic, hospital, or physician for treatment.

From the facts you present, you did not sustain serious injuries, but instead "soft tissue" injuries. Soft tissue injuries normally include strains and sprains to muscles, tendons and ligaments, 1st degree burns, minor cuts and abrasions, whiplash and other similar injuries.

More serious "hard injuries" include fractures, 3rd degree burns, head trauma, deep gashes requiring many stitches, and similarly serious injuries.

It's important to understand soft tissue injuries do not command large settlement amounts. In many cases, compensation for soft tissue injuries barely covers medical bills and attorneys fees.

Sit down with your attorney and ask him or her what the general outcome of your injury claim will be, the amount of time it will take to resolve it, and the approximate amount of settlement compensation you will receive.

Best of luck,

Judge Calisi

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