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How long to settle and how much to expect from a lower back vertebrae injury auto accident in California?

Mar 16, 2009 by MS from So Cal | Posted in Law & Ethics

Does anyone know how long or how much you can get an injury in the lower back of a car accident? My C5 Vertebrae was pushed out of order 5mm and is already 18 months since I hired a lawyer. Thank you.

PS I know it's long but I have the details below.


There are about 18 months, my car was hit by a 17 year old and his girlfriend while I was driving on Highway 60 in Diamond Bar CA. The kid was driving his mother's van which was insured by Progressive, AAA and I'm only with basic PL / PD coverage and $ 25K Under Insured Rider (I do not know the Kid's Mom's limits with Progressive ).
What happened was that I was on the fast track No. 1, the kid and his GF were beside me in the No. 2 lane and a Big Rig was in the path # 3, ( we were side by side). The Big Rig honked his air horn and may or may not moved into the hallway of the children. The kid ended up overreacting and dark and in my ways. He hit me in the RF fender made me hit the rail center K to 70 mph after I bounced off the rail and T-boned the van. Then we pulled on the side of the road and a police report was taken. The Big Rig never stopped and has never been found, I found 0% at fault and the boy was found 100% at fault.When I inspected the van of the Child, there was no damage that said the Big Rig was struck, but now he claims he did and Progressive said that there are signs of damage or contact (I think they just want to be shifty). To be honest, I do not know if the Kid is distracted and swerved into the corridor or Big Rig Big Rig came into his lane, but somehow the Kid is solely responsible for hitting me.
After wards I was a little shaken and a little sore but I felt so fine, two days after the accident I made a fishing trip that I had originally planned.I had to leave early in the second day because my lower back and began to kill me because I could not stay on the boat without getting a shooting pain down my left leg. I finally see my family doctor about 5-6 days after the accident and told me I was still young, so just give it time and everything was fine (I have an HMO and no tests were done). About a week passed and Progressive did nothing they promised, no rental car, no repairs, no doctor, nothing at all (they did offer me $ 50 for my trouble though).I decided to talk to some friends and got a lawyer, has started physical therapy / Chiropractic treatment (which lasted 24 sessions, but never gave me any real relief), X-Rays were done and ended up doing an MRI finally found that my C5 (I think) vertebrae is a 5mm crank causing my spine to pinch off, which gives me pain in my lower back and a 30% loss of traffic in my left leg.
What I know is what should I expect from it?I'm not out to screw anyone, but gradually has done nothing that stall, they do not fix my car and they want to give me about 15% of market value on it even when I showed equal, then 9 for comparison. I was 29 years old at the time of the accident, medical history and without any pain before the accident. Now if I can lift heavy objects or anything that irritates my back, I find myself bending over for 2-3 days.I had to completely change my work habits (I'm self-employed and restore old cars), I take prescription pain relievers that I can work without hurting a lot, and I can not do many things that I did before the accident without either hurting or stressing about doing any major permanent damage to my spinal cord. My medical bills are already at $ 7k and my lawyer said that the future of surgery to correct my back will cost $ 49K, but they will not do so because the operation is performed only when the vertebra is from 6 mm or Moreover, so I'm right under the limit.Also the results suck surgery for 1 / 3 of people will get better, 1 / 3 get worse, and 1 / 3 will remain the same.
After 18 months of waiting finally came Progressive offering $ 3k per car and $ 3k for the medical. What the heck is going on? Is there anything not worth my case? What should I expect the result of cash to be? How long should I wait for probably settle? I'll end up paying for surgery of the future $ 49K or pay higher premiums for the rest of my life since I now have a preexisting condition?I know that the lawyer will get anywhere between 33-50% of the price of medicine and now they're asking for I think around $ 130k. Any help would be greatly appreciated as this is the 1st and hopefully last car accident I've ever been in. Thank you!

You have a lawyer. He should be able to answer all your questions. Currently, he should have a copy of the insurance policy progressive the other driver. Ask him to show you. Progressive set aside a certain sum of money for both your vehicle and your medical visits. In fact, they do not have that right after being informed of your status. The money is sitting somewhere in an annuity or other interest bearing account.
Of course they are going to low ball you.
You do not say what damage your vehicle was, what year, make or model. Perhaps it is about 3000 or thereabouts.Your lawyer should have advised you what it is.
Your medical examination is another story. However, after an accident many people do not "feel anything" in the way of pain until several days later. So that sounds right. and the insurance company, he knows it.
If you do not want any surgery, now or in the future, do not suffer, given the risks.
I see where the vertebra has to "move" a certain degree only. Ask your lawyer where he got this information of.
Your lawyer may also accept a settlement of its kind, but with the agreement that you can re-open the matter, if any.I am not from California and I am no lawyer, but I have worked with lawyers on the East Coast who took care of matters of injury.
Sounds like your issue is one heck of a lot more than $ 130,000.00.
Of course, you need to know where the "deep pockets"
are. What about your own insurance? Taking a good look at what type of coverage you have. Again, your lawyer has seen and has a copy of the other drivers progressive politics. Ask him.

In fact, ask any questions you want. Make an appointment, go to his office with a pen and pad have all your questions ready and fire away.
The fact is, it will probably be surprised as hell that you want to write down Thng.
But when you finally do settle, he will share. Raise questions. That is what he is there for.

(By the way, he said again? And if not, its been 18 months. What is the requirement in CA?
You should ask him. Soon.

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