[misc.handicap] I need an opinion...soon!

Liz.Petry@f1.n3801.z1.fidonet.org (Liz Petry) (07/18/90)

Index Number: 9241

[This is from the Spinal Injury Conference]

Last Thursday, I was hit with some devastating news...it seems that 
I am only being offered $10,000 instead of the original $40,000 that 
I asked for from State Farm.  
 
My best friend in Austin told me that I should consider taking it, 
since if I tried to sue...I may not get anything!!  
 
I am really confused...I don't get any emotional support from my 
family, and I won't talk to them about this.  But, when the TV ads 
constantly show "attorney's advertisments"..I get even more 
confused...the contention is that I "suffered from migraines BEFORE 
the accidents.." and that because I am a student...I am at no 
financial loss.  
 
Forgive the term....But I don't know what the H--- to do any 
longer!!!!  I am burned out...tired of being dealt "bad hands" or 
"always being in the wrong place at the wrong time".  Tired of 
jumping or turning away the people I love (that try to comfort me) 
because of my @#$% PRIDE!
 
If anyone has any thoughts, tell me A.S.A.P.!!  I am going nutzy! 
And I am fearful I am losing motivation to do the things I want to.
(BTW, it costs me $1000/month for my physical therapy...)
 
My love to you all,
 
Elizabeth
(who is crying at her keyboard...she misses her friend, Michael)

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Christopher.Baker@f14.n135.z1.fidonet.org (Christopher Baker) (07/18/90)

Index Number: 9249

[This is from the Spinal Injury Conference]

> Last Thursday, I was hit with some devastating news...it
> seems that I am only being offered $10,000 instead of the
> original $40,000 that I asked for from State Farm.
 
> advertisments"..I get even more confused...the contention is
> that I "suffered from migraines BEFORE the accidents.." and
> that because I am a student...I am at no financial loss.
 
> Forgive the term....But I don't know what the H--- to do any
> longer!!!!  I am burned out...tired of being dealt "bad
 

you'll never get anywhere against them without an attorney. it's a
sad fact but true. if you don't know anyone who can recommend one,
check with all of your clinical contacts. somebody may be able to
steer you to an attorney who specializes in your kind of case. get
all the fees and percentages up front so there are no surprises
later. you should be able to get an attorney to take on your case
on a contingency basis [no win, no pay] and most of them will give
you the first session [where they decide if they can win or not]
for free.

TTFN.  Chris

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Butch.Walker@f3.n157.z1.fidonet.org (Butch Walker) (07/18/90)

Index Number: 9252

[This is from the Spinal Injury Conference]

>Last Thursday, I was hit with some devastating news...it seems that I
>am only being offered $10,000 instead of the original $40,000 that I
>asked for from State Farm.  
> 
>My best friend in Austin told me that I should consider taking it,
>since if I tried to sue...I may not get anything!!  

Liz, I'm not an attorney, but I can relate this.  My daughter (now 15)  
was hit by a car last year while crossing legally at a cross walk.  The  
accident tore her knee up, but did not require emergency surgery, and we 
elected not to have any surgery on her knee. ( We didn't want to subject 
her to at least a year of very painfull and tough rehab at her age).  We 
did put her in physical therapy for 3 months and they built her muscles  
up to compensate for her knee.

Now why am I telling you all of that?  The individuals insurance company 
just proposed a settlement of all of her medical expenses (approx.  
$5,000) plus $8,000 for pain and suffering.  I have agreed to accept  
that figure PROVIDING the insurer remains on claim for any subsequent  
knee problems and or surgery.  To this date I have not received a reply.

I can tell you this.  As long as the insurer feels like they are dealing 
with a know nothing college student, they will force the situation.  I  
would contact some of the local advocacy groups for the impaired and  
have them recommend legal council.  I would also make sure that you have 
a medical opinion to back up your claim of continued suffering.

Hang in there! 
 ~ Via ProEdit 3.2R 

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sbishop@desire.wright.edu (Sue Bishop) (07/21/90)

Index Number: 9393

In article <12845@bunker.UUCP>, Liz.Petry@f1.n3801.z1.fidonet.org (Liz Petry)
writes:
> Index Number: 9241
> Last Thursday, I was hit with some devastating news...it seems that 
> I am only being offered $10,000 instead of the original $40,000 that 
> I asked for from State Farm.  
> My best friend in Austin told me that I should consider taking it, 
> since if I tried to sue...I may not get anything!!  
> I am really confused...I don't get any emotional support from my 
> family, and I won't talk to them about this.  But, when the TV ads 
> constantly show "attorney's advertisments"..I get even more 
> confused...the contention is that I "suffered from migraines BEFORE 
> the accidents.." and that because I am a student...I am at no 
> financial loss.  

Sounds like you are having a bad time.  Just for your info and I
don't know if it will be any help but I suffered tremendously from
migraines for YEARS before I found I was extremely sensitive to
caffeine.  Don't know if you drink soft drinks or coffee or tea but
you might want to try to swear off anything with caffeine in it.
It may take as long as a month or more to dry you out but it's
worth the effort.  Believe me, it really might be part of your
migraine problem.

> Forgive the term....But I don't know what the H--- to do any 
> longer!!!!  I am burned out...tired of being dealt "bad hands" or 
> "always being in the wrong place at the wrong time".  Tired of 
> jumping or turning away the people I love (that try to comfort me) 
> because of my @#$% PRIDE!
>  
> If anyone has any thoughts, tell me A.S.A.P.!!  I am going nutzy! 
> And I am fearful I am losing motivation to do the things I want to.
> (BTW, it costs me $1000/month for my physical therapy...)

I would consult with an attorney.  Sounds like the insurance
company is trying to manipulate you.  Most attorneys will take the
case on a contengency basis.  And if State Farm is willing to pay
something, you probably have a good chance getting more than that.
Ask around and find out who is a good civil suit lawyer.  Don't
pick just any one out; they might not be any good.  Call and ask
for a consultation and talk to him/her on the phone briefly first,
explaining the circumstances.  Then talk about fees before you go.
That way you won't have to pay if he will take it contengency.

Sue Bishop

Christopher.Baker@f14.n135.z1.fidonet.org (Christopher Baker) (07/24/90)

Index Number: 9409

[This is from the Spinal Injury Conference]

> I had to sue the insurance company from my first accident,
> which was 1/25/89.  And the attorney got 33 1/3% of my
> settlement.  I got $8,000.  I then received @$5223.00  I am
> hesitant to possibly go through a court case, etc.  And, to
> top it off, the $5000 still hasn't covered all of my
> expenses!!
 

i've been there. on the other hand, 66% of something is better than
100% of nothing. the cutoff depends on which you think will
generate the greatest take-home. it's not a pretty choice but often
becomes the only one.

good luck!

TTFN.  Chris

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Liz.Petry@f1.n3801.z1.fidonet.org (Liz Petry) (07/25/90)

Index Number: 9476

[This is from the Spinal Injury Conference]

Christopher...
 
   I decided to go seek another opinion...and I am going to a 
chiropractor...and my pain has at least stabilized...I sleep 
better...and pain doesn't bombard my life.  
 
   My doctor and my insurance company were the only 2 opinions..they 
never sent me to another doctor (2nd opinion..) and they never took 
any X-Rays...there are 2 gaps at C-3 and C-5...and after 1 week of 
treatment (I am forcing myself to stick with it even if it hurts..)
I feel like I am at least 60% better than I was last week!!
 
   I am also making some major life changes...and doing thing I have 
never had the courage to do...I will eventually post them for 
everyone to see...they're for my own good...and others will notice a 
change for the better, too!
 
   Talk to you soon!!  All I ask is that others pray for me...
 
   Elizabeth

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Liz.Petry@f1.n3801.z1.fidonet.org (Liz Petry) (07/25/90)

Index Number: 9489

[This is from the Spinal Injury Conference]

Christopher...
 
   I decided to go seek another opinion...and I am going to a 
chiropractor...and my pain has at least stabilized...I sleep 
better...and pain doesn't bombard my life.  
 
   My doctor and my insurance company were the only 2 opinions..they 
never sent me to another doctor (2nd opinion..) and they never took 
any X-Rays...there are 2 gaps at C-3 and C-5...and after 1 week of 
treatment (I am forcing myself to stick with it even if it hurts..)
I feel like I am at least 60% better than I was last week!!
 
   I am also making some major life changes...and doing thing I have 
never had the courage to do...I will eventually post them for 
everyone to see...they're for my own good...and others will notice a 
change for the better, too!
 
   Talk to you soon!!  All I ask is that others pray for me...
 
   Elizabeth

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era@ncar.ucar.edu (Ed Arnold) (08/09/90)

Index Number: 9605

In article <13106@bunker.UUCP> Liz.Petry@f1.n3801.z1.fidonet.org writes:
>Index Number: 9476
>
>   I decided to go seek another opinion...and I am going to a 
>chiropractor...and my pain has at least stabilized...I sleep 
>better...and pain doesn't bombard my life.  
> 
>   My doctor and my insurance company were the only 2 opinions..they 
>never sent me to another doctor (2nd opinion..) and they never took 
>any X-Rays...there are 2 gaps at C-3 and C-5...and after 1 week of 
>treatment (I am forcing myself to stick with it even if it hurts..)
>I feel like I am at least 60% better than I was last week!!

Pardon me for butting in here!  Just a couple comments:

1) I think it takes a major injury or other physical problem to make
   one realize how important a second opinion is, because most people
   don't feel the sting of poor-quality medicine until they have a big
   problem that requires big expertise.
2) A friendly warning about DCs: beware of the syndrome known as
   "hypermobility."  If your chiro is giving you fairly rough treatments
   (a lot of cracking), or is having you come in to the office very
   often (like, 3 times per week), beware of the long-term damage that
   too-frequent manipulation can cause.  A DC who isn't willing to discuss
   hypermobility with you may be more interested in lining his wallet.

Best of luck with your treatment ...
--
Ed Arnold * NCAR * POB 3000, Boulder, CO 80307-3000 * 303-497-1253(voice)
303-497-1137(fax) * era@ncar.ucar.edu [128.117.64.4] * era@ncario.BITNET
era@ncar.UUCP * Edward.Arnold@f809.n104.z1.FIDONET.ORG