Car accident injuries

melj16

I was hit in driver side door in October 2011 ( i was driving) there was a fair bit of damage to my vehicle which resulted in the axel being replaced, power steering damage amongst more....total damage was £2700 to vehicle.

From the day the accident happened I was in pain, just general stiffness of the neck, very achy and sore, shoulders and back were sore. I have worsened over time.

Over the past year my symptoms have got so bad, I cannot sit or stand for long periods of time. My upper-mid back cracks constantly as does my neck. when I take a deep breath even my chest bone cracks. Some days are worse than others, i tend to be worse after a long busy day at work. I find it difficult to drive to work as the pain from the position I sit in really takes my breath away. I cannot get a good night of sleep, i am constantly moving to try and get comfortable - with little success.

I have visited the doctors on numerous occasions, my GP is 'baffled' he understands the pain i am in, and when I describe everything he is sympathetic, however considering all of my bloods (for arthritis and swelling of the joints etc) have come back clear he feels I would be better under the investigation of a consultant.

So two weeks ago I went to see the consultant after being referred as an urgent appointment from my GP (had my appointment within two weeks of being referred) I broke down to the Consultant as I was describing the strain and burden this constant pain is having on my everyday life. I had an xray done of my spine, which showed 'no significant abnormalities' (dont know whether that means there are minor things - dont think they made that very clear)

The consultant has arranged for me to have an MRI scan as she is not happy to leave me the way i am. Again the appt is very quick (10th jan 2013) just got it though this week.

My solicitor has contacted me twice to say the third party insurance are pushing to settle early.

I have just received another letter from solicitor saying because the accident was October 2011, they will be looking to settle within 6 months. However I am unsure whether we will have reached a verdict on my injuries by that time.

Any advice on what to do here? Would be much appreciated.

vaio

you can't sensibly settle until the full extent & prognosis of your injuries is know.

Be guided by your solicitor

phill99

You have three years to bring a personal injury claim. The 3 years is from date of injury. Bear in mind that is the time that the action must be commenced. The time for settlement could be much longer.

You need to remind your solicitor of this and he needs to remind the third party solicitors of this. Don't be bullied into an early settlement. Take as much time as is needed to get your injuries properly assessed. The reason the other party want to settle ASAP is that often the full extent of injuries doesn't become apparent for some time (as in your case). Therefore the sooner they settle the less the extent of injuries and hence the lower level of compensation.

So don't be bullied and remind your solicitor who he is acting for.

BertTheRaccoon

If enquiries are still ongoing to properly determine the problems you are suffering with, then your solicitor should not be pressuring you into settlement. In fact, it would amount to negligence of the solicitor to be forcing a client to settle when further medical evidence is awaited to properly diagnose your problem and also obtain an opinion as to whether the accident was the cause of the problem or if it has possible accelerated the onset of a problem which was due to occur anyway.

Odds are you are dealing with a law firm that your insurers put you onto. If this is one of the "factory firms", then the staff are under pressure to settle cases quickly and they are incentivised to do so.

The only way to do the job properly is to sit matters out and wait on medical evidence to determine the best plan of action, not just settling because the solicitor has a medical report which says you will be fully recovered by 12-18 months post accident.

Finefoot

Please find yourself your own solicitor rather than the car insurance solicitor. Check your house insurance policy - they may even provide legal cover for you. Do not take this lightly, you have become worse over time, and may even continue to get worse if the problem is not found and sorted out.
I know someone who was told he had whiplash after being hit by another car. Unfortunately, it wasnt until he suddenly could not walk one day that investigations were done. He is now disabled for life. Sadly, it was an uninsured, unlicensed, Eastern european driver who never even showed up at court.

melj16

Thanks for the replies and advice.

If i receive any further pushes from the solicitor, I will warn them and tell them who they are supposed to be backing here! I will not settle just for the sake of having this all done and dusted as I believe the tests I am waiting to have done may reveal the true extent of damage caused to me. I would rather have not a penny and be with full health and not experience this pain, but unfortunately for me the damage is now done

thanks for your encouraging words.

chanz4

melj16 wrote: »

Thanks for the replies and advice.

If i receive any further pushes from the solicitor, I will warn them and tell them who they are supposed to be backing here! I will not settle just for the sake of having this all done and dusted as I believe the tests I am waiting to have done may reveal the true extent of damage caused to me. I would rather have not a penny and be with full health and not experience this pain, but unfortunately for me the damage is now done

thanks for your encouraging words.

or they could show something that is none related, and throw your claim out

vaio

yep, but that is the whole point of the legal & medical system....to identify the injuries cased or worsened by the accident and decide on suitable compensation.

melj16

chanz4 wrote: »

or they could show something that is none related, and throw your claim out

That really doesnt worry me at all. I was a perfectly healthy 22Year old with not a single health problem prior to this accident. Now I struggle with the strain of normal daily activities which have spiraled out of control since the accident. Would be a massive coincidence for it to be related to something else.