Visitor Question

What should I ask for a heart condition caused by an accident?

Submitted By: Regina (Knoxville, TN, USA)

My small car was rear-ended by a large truck at a stop light, pushing my vehicle into the middle of the intersection. I woke the following day with pain in my left shoulder. I went to the emergency room 5 days later with chest pain, numbness in my left arm, dizziness, and nausea.

I was diagnosed with bradycardia and elevated blood pressure, and referred to adult cardiology. I am concerned the accident may have caused a heart rhythm problem which may lead to surgical ablation and/or a pacemaker. How much should I ask for pain and suffering in a case like this, a heart condition caused by a rear-end accident?

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 Regina,

Before you begin to consider an appropriate amount to demand for pain and suffering, you will first need to have substantial medical proof your heart condition was a direct and proximate result of the collision.

Without medical proof directly linking your heart condition to the vehicle collision, your claim for compensation for medical bills, out-of-pocket expenses, lost wages, and pain and suffering will wholly fail.

Your first step is to speak with your cardiologist. Have her make clear to you whether or not your heart condition is a direct and proximate result of the collision. If your doctor will agree to make such a medical determination, she will have to commit her conclusion to writing in the form of a medical narrative.

With that medical narrative in hand, contact the at-fault driver’s insurance company and file a claim. Because the State of Indiana is not a no-fault insurance state, your claim can be against the at-fault driver and his insurance company.

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: September 19, 2014

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