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


advertisement
Reply
 
Thread Tools Display Modes
Old 02-23-2017, 11:18 PM #1
QWERTY02 QWERTY02 is offline
Junior Member
 
Join Date: Nov 2013
Posts: 54
10 yr Member
QWERTY02 QWERTY02 is offline
Junior Member
 
Join Date: Nov 2013
Posts: 54
10 yr Member
Default Should I sign the accident settlement?

I was in a rear-end car accident roughly a year ago with head trauma to the head rest.
Unfortunately, this was NOT my first head trauma experience as I had head trauma 2.5 years prior which resulted in roughly 2 years of symptoms/PCS.

The car accident brought back A LOT of symptoms. Most of which I still suffer with today.

I hired a lawyer and got some PT for my neck through an orthopedist (who claimed I had a "neck sprain").
However, I visited a neurologist a few months after the accident and his report wasn't very generous as it relates to concussion or PCS.
My lawyer claims the case for head trauma/headaches/PCS/etc isn't very strong because of that report and because I have a prior history.

Fast forward to today. I've been offered a pretty nice settlement by the other driver's insurance company (pain and suffering for the "strained neck").

I'm not really interested in money. I'm more interested in having the protection knowing I can get my medical bills recouped.
But at the same time, I'm not actively seeking treatment because I don't know who/what/where to go next.

Is it even realistic to claim PCS this far out in the game?
Or should I just sign the settlement and leave it at that?

Any advice?
QWERTY02 is offline   Reply With QuoteReply With Quote

advertisement
Old 02-24-2017, 12:16 AM #2
Jomar's Avatar
Jomar Jomar is offline
Co-Administrator
Community Support Team
 
Join Date: Aug 2006
Posts: 27,686
15 yr Member
Jomar Jomar is offline
Co-Administrator
Community Support Team
Jomar's Avatar
 
Join Date: Aug 2006
Posts: 27,686
15 yr Member
Default

The past history, is a big issue, and the fact that you are not seeking ongoing treatment.
*If you had/have a primary doctor that treated you the other time, and had his notes and that you were quite recovered... then went to him right after this new accident for treatment ... he could document the increase in symptoms.. then there would be a written record by a professional.. It helps to have a very knowledgeable dr treating you also..*

Those factors make it seem that you are not that badly injured from this recent accident..
I agree with your atty, put the pretty nice settlement money in a saving account for when you do need/find treatment.
And later when you do find some treatment/provider , you might be able to use medical ins..
__________________
Search NT -
.
Jomar is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
QWERTY02 (02-24-2017)
Old 02-24-2017, 01:22 AM #3
QWERTY02 QWERTY02 is offline
Junior Member
 
Join Date: Nov 2013
Posts: 54
10 yr Member
QWERTY02 QWERTY02 is offline
Junior Member
 
Join Date: Nov 2013
Posts: 54
10 yr Member
Default

Quote:
Originally Posted by Jo*mar View Post
The past history, is a big issue, and the fact that you are not seeking ongoing treatment.
It's a toss-up. Unless a doctor defines a precise treatment plan, I don't go back to them.
So, in that regard, I actually don't have a ton of medical records (~10-15 doctor visits across 2 years), since no doctor has given me any solid treatment advice for PCS.
But, as you said, I also don't have any documented "recovery" either. Of course, most doctors say to come back if symptoms don't get better. There's no reason to visit if your symptoms go away!

Quote:
Originally Posted by Jo*mar View Post
Those factors make it seem that you are not that badly injured from this recent accident..
It's ironic, because my "soft tissue injury" was diagnosed subjectively and it's deemed a valid medical injury.
While PCS, which is also diagnosed subjectively, isn't really given the light of day by the auto insurance company (or my lawyer and neurologist).

Last edited by QWERTY02; 02-24-2017 at 02:50 PM. Reason: Missing a critical word.
QWERTY02 is offline   Reply With QuoteReply With Quote
Old 02-24-2017, 01:52 AM #4
Mark in Idaho Mark in Idaho is offline
Legendary
 
Join Date: Feb 2009
Location: Somewhere near here
Posts: 11,417
15 yr Member
Mark in Idaho Mark in Idaho is offline
Legendary
 
Join Date: Feb 2009
Location: Somewhere near here
Posts: 11,417
15 yr Member
Default

You don't say if you have any ongoing symptoms.

"Unless a doctor defines a precise treatment plan, I don't go back to them."
This concept is like shooting yourself in the foot from a legal standpoint. This is what defense attorneys call 'refusal to cooperate with medical advice.'

It can also make it look like you are doctor shopping, again a negative to you case.

Insurance companies often have a rule of thumb settlement amount based on the type and severity of a collision and just want to get the case resolved if it is below that threshold.

As Jo*Mar said, it the settlement leaves you with cash in the bank after paying your medical bills, property damage, and attorney's fees, it may be the way to resolve this. Your attorney should have told you this but, Make sure you don't have bills that were paid by your insurance (health or auto) that your insurance company will want repaid from your settlement.

I've know people who have been charged in arrears for such payments.
My mother-in-law's car was totaled and replace by her insurance but they expect to get paid back from her settlement from the at-fault party's insurance.
__________________
Mark in Idaho

"Be still and know that I am God" Psalm 46:10
Mark in Idaho is offline   Reply With QuoteReply With Quote
Old 02-24-2017, 02:48 PM #5
QWERTY02 QWERTY02 is offline
Junior Member
 
Join Date: Nov 2013
Posts: 54
10 yr Member
QWERTY02 QWERTY02 is offline
Junior Member
 
Join Date: Nov 2013
Posts: 54
10 yr Member
Default

Quote:
Originally Posted by Mark in Idaho View Post
You don't say if you have any ongoing symptoms.
I do.
EDIT: To clarify, the upper neck/lower skull issue (the reason for PT) is much better. So the "soft tissue" injury aspect has been put to bed.
My ongoing symptoms are more in-line with the similar symptoms I had after my first head trauma experience.

Quote:
Originally Posted by Mark in Idaho View Post
This concept is like shooting yourself in the foot from a legal standpoint.
I totally understand that. But again, my intent wasn't to get compensation, it was to get better.
Given my prior experience with head trauma, doctors were pretty useless in defining a practical treatment plan.
There were only so many, "come back in a month if your situation doesn't improve" responses that I could tolerate.
In hindsight, I can now see that I wasn't very smart from a legal standpoint; but honestly, I wanted to get better, not build a case.
But when the attorney's own neurologist didn't diagnosis a concussion or PCS, it doesn't help my case.

Quote:
Originally Posted by Mark in Idaho View Post
Make sure you don't have bills that were paid by your insurance (health or auto) that your insurance company will want repaid from your settlement.
It's a pretty open and shut case. Attorney gets 1/3rd of the settlement as compesation, so no fees. Plus, most of my medical bills were paid OOP since I have a HDHP and the medical providers didn't ask for payment either since my attorney attached them to the lawsuit; so he will handle most of the medical payment dispersements.
QWERTY02 is offline   Reply With QuoteReply With Quote
Old 02-24-2017, 06:54 PM #6
Jomar's Avatar
Jomar Jomar is offline
Co-Administrator
Community Support Team
 
Join Date: Aug 2006
Posts: 27,686
15 yr Member
Jomar Jomar is offline
Co-Administrator
Community Support Team
Jomar's Avatar
 
Join Date: Aug 2006
Posts: 27,686
15 yr Member
Default

Just be clear (in writing) of what atty is doing and promised to do for you, and where /when any dispersements come from.. your percentage or his, or off the top then divided out..??

my long ago work comp claim atty , told me a lot of stuff, I'll help you do this and that etc,, but after he got his $$$, it was very hard to get anything else help wise..
Some of my PT bills came off the top of the settlement, but atty didn't list the MRI so that fell back to me to pay... after all done..
__________________
Search NT -
.
Jomar is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
Mark in Idaho (02-24-2017)
Reply

Tags
accident, head, neck, settlement, trauma


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Insurance settlement roadrunner63 Traumatic Brain Injury and Post Concussion Syndrome 4 06-29-2011 12:33 AM
settlement ? RNcrps2 Reflex Sympathetic Dystrophy (RSD and CRPS) 9 07-30-2010 02:58 PM
does SS get any $ from WC settlement? Summertime Social Security Disability 3 08-02-2009 12:15 PM
Settlement Offer hsiw Pets & Wildlife 4 06-19-2007 05:44 PM
Settlement Set Aside Big Hess New Member Introductions 1 02-26-2007 09:59 PM


All times are GMT -5. The time now is 08:04 PM.

Powered by vBulletin • Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise v2.7.1 (Lite) - vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.
 

NeuroTalk Forums

Helping support those with neurological and related conditions.

 

The material on this site is for informational purposes only,
and is not a substitute for medical advice, diagnosis or treatment
provided by a qualified health care provider.


Always consult your doctor before trying anything you read here.