Traumatic Brain Injury and Post Concussion Syndrome For traumatic brain injury (TBI) and post concussion syndrome (PCS).


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Old 06-07-2014, 10:39 AM #1
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Default Lawsuit settlement but no money?

If I knew then what I know now...

Never expected much of a settlement. A very young irresponsible man hit us. We didn't figure he'd have much of a policy. He didn't have his own insurance but was covered by his mothers insurance.

We were surprised with the policy but it is still a drop in the bucket compared to my injuries and what I've lost. They gave me policy limits immediately. My lawyer has been going through medical bills and subrogation. I have a lot of medical bills. Turns out the lawyers, doctors, and my health insurance (mostly them) with get all of my settlement.

With subrogation the health coverage from my car insurance does not have to be repaid. But from my private health insurance...all of it.

better than nothing policy but I won't see any of it. So we did all of this with the lawyers to pay the lawyes and get my health insurance companies money back and still have big bills to pay after. ????

There is really something very wrong with this. Very disappointed with our laws and broke.

Jace
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*TBI with mild to severe damage November 2012 from car crash. Stroke with hemorage & 4 clots in veins in brain Feb/Mar 2015.

*Vestibular damage, PCS, hypercusis, severe visual processing and tracking issues, short term memory loss, headaches/migraines, occipital neuralgia, cognitive issues, neurological issues, brain fog, brain fatigue when over stimulated, twitching, vertigo, neck issues, nerve issues, PTSD, personality change, Since stroke left side weakness, rage, worsening of vestibular problems, recall, speech, memory.

*Can't drive or work. Have done occupational therapy, cognitive therapy, physical therapy. Learning work arounds, and strategies to be competent in daily life. Change your attitude/perspective changes your life. As TBI survivors this is a vital part of our healing and living.

*Working on getting to know and accept the new me.
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Old 06-07-2014, 10:52 AM #2
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Yeah - I have lost hundreds of thousands of dollars already... not to mention that I was offered a more prestigious position at a renowned venue just a week after the accident I was in that my current employer was prepared to counter... AND I was going to apply to grad school - I would have a terminal degree by now.

The settlements I received and the insurance coverage of the guy who caused the accident was NO COMPENSATION compared to what I have lost.

But I'm very lucky that my family and friends, including my SO, came out of the wood work to help me out.

I'm broke but I'm not in debt. I was but that is gone now.

I can completely understand how an accident or injury could cause someone to declare bankruptcy or financial ruin.

I can understand how people can become homeless from an injury.

It makes perfect sense to me that statistics prove that a staggeringly high percentage of people who live on the streets are tbi survivors.

TBI seems like a poorly understood and mismanaged epidemic in our society.
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Old 06-07-2014, 11:29 AM #3
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I'm not sure but I think you could still file a civil suit or small claims against him, it has limits per state/county.
But if he was found at fault legally, you could get a couple thousand.
* info based on the TV judge shows*
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Old 06-07-2014, 11:40 AM #4
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Same thing happened to me.

To make matters worse, in a gift to the insurance industry, my province puts very low maximum caps on payouts. You know, going in, that, even under the best of circumstances, your settlement will be a pittance - and then the lawyers and medical insurance people will pick those few bones clean.

I will NEVER not be bitter about this.

Forget civil court. The people who cause horrific accidents are often LOSERS (drunks, stupid teens, the willfully unemployed, etc...) and you can't get blood out of a turnip.
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Old 06-07-2014, 12:09 PM #5
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Same thing happened to me and it is a nightmare when you also have comp. The greedy bastards deny deny deny then take any insurances through subrogation.

If I am not mistaken once an insurance carrier gives up therir clients policy limits i believe there is a clause that you will not go after them in another capacity - hence what insurance is all about .
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Old 06-07-2014, 12:35 PM #6
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Hi Jace,

I'm so sorry, all these irresponsible drivers running around and with no insurance or hardly any.

I know this is after the fact but...can you get Uninsured/Underinsured auto insurance on to your policy?

This means if someone else hits you and they don't have any ins. or not enough ins. you would fall back on your own insurance and they would pay you a settlement/bills etc.

My daughter was riding in a friend's car and someone drove right out in front of them, daughter had both arms broken/fingers/concussion, after some settlement from the at fault party, her attorney fell back on my daughter's car insurance and they paid her a substantial settlement.

After my daughter's accident I upped everything to be well covered.

It really doesn't cost that much more to add all the above to a policy and well worth it for peace of mind.

An accident can send someone into financial ruin and it's beyond not right.

You can take that young guy to court, not sure if you get a settlement he'll be able to pay but it would be on his record and I think, not sure sorry...but he will have a judgement against him which means he won't be able to buy a house, etc until he does, I know in my State it works that way.

That's why the person who was the at fault party in my daughter's accident ran and took his name of all his belongings, house, cars etc
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Old 06-07-2014, 12:36 PM #7
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Quote:
Originally Posted by jinga View Post
what insurance is all about .
Where I live, it's really just a fee to drive. PERIOD
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Old 06-07-2014, 01:28 PM #8
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Oh my goodness.. I am so sorry!!!

I am just at the beginning of all of this... and not looking forward to the 'fight'
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The Start: MVA, t-boned, on 1-12-14 (my sons 5th birthday) and did not think anything of it.. my back hurt on site but everything else seemed ok. Lost about 10-12 hours from about 3 hours after the accident to the next day...Experienced terrible brain fog for over a month, plus intense headaches, nausea, dizziness, cognitive difficulties, disorientation, no short term memory, depression and just an overall hangover feeling daily.

Current Situation: I'm about 7 months in and my local neurologist has waived her white flag and therefore I am headed to Dallas to be seen (I have family there). The headaches are still daily. I have nausea, dizziness as well.

Drugs I have been on- Vicodin (off), Naproxen (off), proanolol (off), topamax (off), cataflam (off), Midrin (off), Flexeril (off) and now Namenda XR (off), Nortrptylin (off), Verapamil (off)

Therapy- Osteopath, Vestibular and balance therapy, fuzion/soft tissue massage, acupuncture

Drs- ER (no help), GP, Chiropractor, Neurologist and Osteopath
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Old 06-07-2014, 02:23 PM #9
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I'm so sorry that there are those of you that know how this feels

This young man has no assets to his name. Through the courts he had to pay several hundred dollars.

When we signed the settlement agreement it states we can no longer go after him for any more money. My husband wanted to garnish his wages for life but we'd have to fight to get money from him and be tied to him forever.

If I would have known all this I know now, I would have never sued. I made the lawyer richer for VERY LITTLE work. Insurance is making more than if I didn't fill a claim. They charge the full amount for everything when there's a lawsuit which means it's marked up 80% or more.

My husband is very angry. What we have lost as a family is priceless. What I've lost a human being I couldn't begin to think of a price tag.

My reward...hopefully SSD. CONGRATULATIONS...EVERYTHING YOUVE WORKED FOR SINCE BEFORE COLLEGE TOWARDS YOUR CAREER IS TOSSED AWAY. You won't work in your chosen field

I could go on and on but it's just ranting and all you know the same pain and frustration.

Sometimes I just don't understand God's plan. I LOVED my job and told my kids daily. My soul had endless patience and the love of interacting and teaching these young minds. To be a part of their lives and their families was such an honor and every year I let the moms and dads know that I would always treat their child as I do my own. Besides being a mom there is nothing else that has ever come so purely and genuinely for my soul than teaching.

I am blessed to still be here with my family and be a mom to my girl. I used to wonder why God blessed us with such a good child and now I think I know. Life would be quite a lot harder if she were not who she is...yes, I'm bragging a little.
I was beyond ready to be a mom when she came along and having her has been amazing every step of the way.

Thanks for listening. Sometimes just telling my story helps me move forward. I really appreciate all of you here

Jace
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*TBI with mild to severe damage November 2012 from car crash. Stroke with hemorage & 4 clots in veins in brain Feb/Mar 2015.

*Vestibular damage, PCS, hypercusis, severe visual processing and tracking issues, short term memory loss, headaches/migraines, occipital neuralgia, cognitive issues, neurological issues, brain fog, brain fatigue when over stimulated, twitching, vertigo, neck issues, nerve issues, PTSD, personality change, Since stroke left side weakness, rage, worsening of vestibular problems, recall, speech, memory.

*Can't drive or work. Have done occupational therapy, cognitive therapy, physical therapy. Learning work arounds, and strategies to be competent in daily life. Change your attitude/perspective changes your life. As TBI survivors this is a vital part of our healing and living.

*Working on getting to know and accept the new me.
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Old 06-07-2014, 03:16 PM #10
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Quote:
Originally Posted by Living_Dazed View Post
I'm so sorry that there are those of you that know how this feels

This young man has no assets to his name. Through the courts he had to pay several hundred dollars.

When we signed the settlement agreement it states we can no longer go after him for any more money. My husband wanted to garnish his wages for life but we'd have to fight to get money from him and be tied to him forever.

If I would have known all this I know now, I would have never sued. I made the lawyer richer for VERY LITTLE work. Insurance is making more than if I didn't fill a claim. They charge the full amount for everything when there's a lawsuit which means it's marked up 80% or more.

My husband is very angry. What we have lost as a family is priceless. What I've lost a human being I couldn't begin to think of a price tag.

My reward...hopefully SSD. CONGRATULATIONS...EVERYTHING YOUVE WORKED FOR SINCE BEFORE COLLEGE TOWARDS YOUR CAREER IS TOSSED AWAY. You won't work in your chosen field

I could go on and on but it's just ranting and all you know the same pain and frustration.

Sometimes I just don't understand God's plan. I LOVED my job and told my kids daily. My soul had endless patience and the love of interacting and teaching these young minds. To be a part of their lives and their families was such an honor and every year I let the moms and dads know that I would always treat their child as I do my own. Besides being a mom there is nothing else that has ever come so purely and genuinely for my soul than teaching.

I am blessed to still be here with my family and be a mom to my girl. I used to wonder why God blessed us with such a good child and now I think I know. Life would be quite a lot harder if she were not who she is...yes, I'm bragging a little.
I was beyond ready to be a mom when she came along and having her has been amazing every step of the way.

Thanks for listening. Sometimes just telling my story helps me move forward. I really appreciate all of you here

Jace
It's surprising (and sad) just how similar our situations are. Well, I guess, that means we're not alone.
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