I was stopped in traffic last night when a pickup slammed into me from behind causing a multi-vehicle collision. My car is probably totaled but my immediate question is about injuries. I went to the ER shortly after dealing with the car due to increasing back pain (diagnosis was just muscular damage, rest/ice and come back in a week if not better). However, one of my knees hit the dashboard and has started hurting since the accident. This knee was already injured (overuse) but has gotten much better in 3 weeks of physical therapy thus far (and was never in constant discomfort as it is now).
My question is what do I need to do to properly document new damage to the knee and ensure the at-fault's insurance can't just say "your knee was injured before"? I already had a physical therapy appointment set up for Monday morning and I can ask them to evaluate and make recommendations. The new injury will also likely set me back in my recovery "schedule" though since most of my physical therapy required me to be able to move around without back issues, etc...
Accident was in WA state which is at-fault (PIP is optional and I do not have it). One wrinkle is that the car that hit me is owned by a business - a general contractor. They do have a bond with the state and listed liability insurance, though I don't know how that interacts with auto insurance. The driver did not have their insurance information with him, but the highway patrol officer at the scene recommended I just contact the company to obtain their policy information. Worst case I have uninsured motorist insurance on my policy.
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posted: Aug. 13, 2016 @ 3:50p
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Aug. 15, 2016 @ 11:54p
posted: Aug. 13, 2016 @ 7:15p
You asked for advice and I gave it based on my professional experience and knowledge. You don't have to agree with or like it, but to continually attack me is uncalled for. I also don't see anyone else offering you advice, and it is no wonder when you bash someone that gives it to you.
They normally have cheesy commercials or have the full page ad on the back of the yellow pages Did you just tell him to go to the guy who is on the commercials like the guy who got his client '2.1 million'? You know , the guy with no legs? Oh dear, I think that's terrible advice.
Thanks for the responses thus far! It is highly likely that I will at least chat with a lawyer about this. In fact, I have a group legal plan through work and the benefits I see thus far are that they cap costs at 25% of the settlement. I don't know if they're going to be the absolute best lawyers, but the one lawyer we worked with so far (different issue) has been quite good. That being said, I highly doubt I'm going to get anywhere close to a million dollars, nor do I think that would even be fair. All that being said, I'm not going to hire the first lawyer I see on TV. I will get some recommendations and talk to them before deciding if I even need a lawyer, and that will take at least a few days, probably more.
In the meantime, back to my original questions - does anyone have any advice on what my first steps should be for properly documenting a new injury from a car accident on top of a prior one? I will discuss the situation with my physical therapist on Monday morning, but he's not a legal expert and may not know exactly what would be most beneficial to me.
The problem is that you have nothing to document other than your word. Even if you goto a health professional, they just document what you say. "it's worse". There is no objective evidence. "Back strain" is essentially they found nothing else, but you say it hurts.
Loss of limb is one thing. But an acute on chronic condition that cannot be proven is another.
rahgirl, thank you for all the responses. You do make good points and I agree with many of them. In any case, I have received some recommendations for reputable attorneys who specialize in these sorts of cases and I'll be contacting them on Monday. Whether or not I need an attorney is something I can decide after speaking with them.
Glitch99 said: rahgirl said: That is why you get an attorney and have them send you to a dr that has the experience that is needed. You mean they will send you to a doctor they know will "document" certain types of injuries that will support larger settlements.
Yup, and that's why personal injury lawyers are one of the most sleazy professions
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