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How much should I settle for in a car accident with a minor whiplash injury in VA?

  • Posted on August 27, 2010 at 1:21 pm

September 2007, I was in a 3 car accident. I was sitting at a stop sign when I was hit. The car that hit me was hit by another person. I went to the hospital in an ambulance and was prescribed percocet my my whiplash injury. I went in for a checkup at my local hospital. I was on my way to an interview and missed it. I have a daughter who is in daycare, and I didn’t have a car for 2 1/2 weeks. The person at fault told his insurance company that someone hit him and that why we were hit.His company denied the claim and we had to go through arbutration.His insurance company extended the arbutration date 3 times and finally this month, they held the case, i won. My medical and car was paid by my insurance company. I didnt have rental insurance on my policy and the other insurance company did nothing about it but said it wasnt their fault. I had my parents help care for my daughter during the time and had no vehicle.My pain is gone, it lasted a month.
Well my insurance company won the case, and they paid my insurance company back for the automobile damage. They told me I had to sign a release form for my medical files and I just sent it back today. But I just want to know, am I entitiled to a compensation for pain and suffering and my whiplash injury?

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I had an injury from falling down my front porch stairs Tuesday after being tripped by my dog. I?

  • Posted on August 25, 2010 at 5:20 pm

went to the ER. They did X-Rays and told me there wasn’t any breaks, and sent me home with some pain medication. They told me to apply ice, and if it hurt in a few days, to follow up with my doctor.
By Friday, the pain was still bad in my shoulder. The front of my shoulder has this burning, and sharp pain whenever I move it, almost feeling like something is pulling in the front of my shoulder back into my shoulder blade.
I called my doctor, and the nurse told me she’d consult with him and call me back. I also made an appointment with them for today, which was the soonest they could get me in.
They called me back after 5pm, telling me the doctor had left before they could speak with him, so they told me to go back to the ER for further testing and to see if they could make me more comfortable for the weekend until I could see him on Monday.
I went back and they told me they didn’t feel they needed to do more Xrays but upon further examination, they felt I may have torn something in my shoulder, which would need to be tested with an MRI machine, because an Xray wouldn’t pick something like that up.
They offered me Percocet, and I told them I did not want something that strong, because I am home a lot with my little girl, who needs constant care, while my husband is at work. So they suggested Vicodin and since that is what I had been given before, I agreed I could take that for the weekend.
I go into my doctor today, and I asked him to do an MRI, and he told me he could not do an MRI until I’ve had the injury for a couple weeks. Because he said,”It’s going to hurt, you fell. If it is still hurting in a couple weeks, we’ll do the testing but there’s no point right now.” I told him the pain was very severe, especially when I lift my daughter, and he told me not to lift my daughter. I told him I do not lift her unless I really need to, but she’s a young child, only a year and a half old, and sometimes when my husband is at work, and I’m alone with her, I do need to pick her up to get her on the couch to change her diaper, and other things, and I don’t have the oppurtunity of having nannies or anything like that.
He then went on to tell me I should have never gone to the ER for the second time, which the only reason I did was because I called his office, and they called me back telling me that he’d left already and they didn’t get to him in time, and they suggested I go back to the ER since I was in such pain, so I did what they told me to do, and then he started asking me if I had a pain pill problem, because someone shouldn’t need to take pain pills for a shoulder injury, and I am like,”Excuse me? I’ve only been taking these pain pills since I had this injury less than a week ago, I don’t take pain pills on a daily basis, and I have no addictions, other than caffeine and a half pack a day cigarette habit, and it was his office who told me to go back to the ER.” I had no idea what he was talking about or why or what he was assuming. I have never taken pain pills, except directed for this fall I had. I left the office very upset, because my pain level is about an 8 every time I move my arm and this pulling and burning in my shoulder is so extreme, and I have no idea what it is, and he told me that the ER should have never said I had a tear because they have no way of knowing without a MRI, yet he won’t order one until I’ve had pain for at least two weeks, so what am I to do, and what do you think the pain is? I rarely go to the doctor, and I have no idea what this guys problem is, but I told family members of my terrible experience today and they told me I shoud switch doctors, and find someone new.
Just to add after reading the last comment, I don’t know much about pain pills, but once when I had rectal surgery, they put me on percocet for a week while it healed and I felt like I was floating on a cloud and had no real grip on fast reflexes and so on. It also made me very tired, so when they offered it to me, all I could think about was how it made me feel that one time before, and my husband works full-time so I am alone with my 16 month old daughter most of the day, and I just didn’t want to feel like that because I would feel uncomfortable being alone with her if I was to get drowsy or whoozy. I was just playing it safe. I knew I needed something for the severe pain, but I thought the best bet would be to take the medication that I had been taking for it, because with that, at least I knew how I was going to feel.

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