Expert: Doctor Settlement - 5/6/2008

Question
Dear Doctor Settlement,
 I was involved in an automoblile accident June of 2006. I originally thought there was no injury and received compensation for the wrecked automobile.  A month or so later I started having issues with my left arm, mainly the triceps muscle spasming then atrophing (there was noticeable difference in size within 2 months of the accident).  I let the insurance company know and was directed to physical therapy by my doctor at the same time.  I also seen a neurosurgeon around this time and he did an external examination and explained that unless I wanted surgery that any other diagnostic testing would be unnecessary and that we should see if there is any improvement over time.  After many months of physical therapy (with very little improvement to my arm) and with time expiring on the two year limit for settlement I decided to get further analysis.  The MRI showed some narrowing of my vertebrae and possible slight herniation, an EMG showed chronic damage to the C7 nerve "Electrophysiologic evidence of a left C7 radicolopathy" to be exact.  My question is:  Should I get an attorney or should I try to settle on my own?  The doctor says that this will only get worse with time, and although I do not wish to get surgery now (I do have an appointment with a neurosurgeon to check my options), I may need surgery later.  How do I best protect myself if my arm gets worse.  Any assistance in this matter would be greatly appreciated.

Sincerely,
Jason

Answer
Hi Jason,

Dr Settlement teaches self help personal injury claims at www.SettlementCentral.Com  where insurance settlements are successful for our members.  So I might tell you in other circumstances that you can learn all that you need as a member of my site.  But in your present circumstances, I am going to recommend instead that you hire an attorney.  

Here is why: (1) you have potentially serious injuries that may require a surgery; (2) you have not committed to the surgery, and hence—if you try this on your own—you will NOT get anywhere near the general damages as you would if you went under the knife; and MOST IMPORTANTLY, (3) you have waited way too long, since the statute of limitations will expire in less than one month.

Hence you need to get to an attorney ASAP.  Try to find one who is a member of your state trial lawyers association http://www.settlementcentral.com/links.php  

Dr. Settlement likes trial lawyer associations because they do the best job of keeping their member attorneys on top of the best techniques to get a maximum insurance settlement.

Here are two suggestions on your case.  

FIRST, if there is a reasonable probability of your condition worsening in the next ten years so that surgery will be required, DO THE SURGERY NOW.  Why?  Well, you will get it paid for, you will get your WAGE LOSS paid for, AND, YOU WILL GET A LOT MORE IN GENERAL DAMAGES than if you try to settle with a mere recommendation for surgery.  Those recommendations are fairly common in cases such as yours, and the victims are not given much additional money just for a recommendation.  It is the surgery that will pay.  Plus, once your surgery is completed your physical healing will be assured, instead of waiting for things to worsen over the years if you refuse the surgery.

SECOND, when you contract with the attorney, try to get a discount if the tortfeasor should have only minimal policy limits.  Go thru the entire case first and let the attorney give you her range of value.  She will say something far in excess of the minimal policy limits in your state.  THEN YOU JUMP HER.  Tell her that with such a value to the case, there should be no trouble getting the tortfeasor’s insurance policy limits if he has only the state minimum.   Hence, you insist upon her agreeing that if that is the case, she will charge the lower of $2,000 or $250 an hour for her fees, not to fall beneath $1,000 as a minimum.  

If she squawks about that, maybe try another attorney.  Tell her that you read another attorney state that in a case with serious injuries such as yours, a blind dog with a note in its mouth could get an insurance settlement of policy limits for the state minimum.  


I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com