QUESTION

I was hit by a truck when I was pregnant what am I entitled to?

Asked on Jun 26th, 2013 on Personal Injury - California
More details to this question:
I was hit by a milk truck twice at the beginning of my pregnancy. I am seeing a chiropractor for neck pain and have had on going vision problems. I had to wait until I was 32 weeks along to get an x-ray and cat scan to see what is happening. I have now had my baby and still am having problems with eye and neck pain. The insurance company doesnโ€™t want to pay for tests and I was wondering what I should do and what I am entitled to. Also I was wondering around what amount I should settle with them for. Thank you.
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15 ANSWERS

Ronald A. Steinberg
You're entitled to get hit a third time for the same price. How badly you were hurt determines what your case is worth.
Answered on Jul 01st, 2013 at 4:02 PM

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Personal Injury Attorney serving Milwaukee, WI
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It is impossible to know the value of your claim without obtaining many more facts about your damages. I think you would be better off hiring a lawyer to help you with your claim. The contingent fee would be worth paying to a lawyer to help you be sure you were being adequately compensated for your injuries.
Answered on Jul 01st, 2013 at 12:07 PM

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You need a lawyer.
Answered on Jun 28th, 2013 at 5:53 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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If you were a Michigan insured then it is your vehicle insurer who would pay for all your medical testing and treatment, not the other vehicle's insurer. The other vehicle's insurer would pay for your pain and suffering if you are able to meet the medical requirements of the Michigan No Fault Law by showing "threshold" injuries. The best thing to do is get a free consultation with a local Michigan lawyer that regularly handles Michigan auto crash cases so you can be sure about your rights.
Answered on Jun 26th, 2013 at 10:11 PM

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You probably need to see a personal injury attorney to get the insurance company to agree to pay for the testing [normally they wait until the case is settled before paying for the medical]. You should not be seeing a chiropractor for possible nerve damage, as all they really do is provide reassuring physical therapy treatments. If treatment has not caused you to recover after so many weeks why expect that more similar treatment will change anything?
Answered on Jun 26th, 2013 at 7:43 PM

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General Practice Attorney serving Portland, OR at Furniss, Shearer & Leineweber
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What you would settle for depends on a lot of factors, but ultimately it is what you and the other side can agree to or, if no agreement, what the jury decides. You should be able to have your own carrier pay for medical expenses under your PIP coverage.
Answered on Jun 26th, 2013 at 7:43 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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You have two years to file a lawsuit in Oregon on an auto case.
Answered on Jun 26th, 2013 at 7:42 PM

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Personal Injury Attorney serving Atlanta, GA at Gregory S. Shurman, LLC
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The value of your claim depends on many factors, and the fact that you were pregnant at the time is certainly one of them.
Answered on Jun 26th, 2013 at 7:41 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Your problem is your pregnancy. You couldn't get xrays or proper care and there is a hiatus in treatment and maybe some serious question about your vision deal. Get you a good lawyer and take his advice. you don't have a good case. you have a case but it is not as good as you thin k it is. it never is.
Answered on Jun 26th, 2013 at 7:41 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I cannot tell you what to settle for because you haven't given enough information (for example I have no idea how much your medical bills are). It is probably too early to settle anyway because it appears you still need additional medical treatment. Some things to consider are set out below: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain , or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I'm hurt , describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you we
Answered on Jun 26th, 2013 at 7:40 PM

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James Eugene Hasser
Until you get thoroughly checked out, it is premature to evaluate your case. Talk to a personal injury lawyer. Good luck.
Answered on Jun 26th, 2013 at 7:38 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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If in NJ, you should be putting your medical bills through PIP, not your major medical, unless that is the option you chose on your policy. As for the amount of the injuries to settle for, that depends on the diagnosis related to the accident.
Answered on Jun 26th, 2013 at 7:38 PM

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Car Accidents Attorney serving Newport Beach, CA at Russell & Lazarus
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Your case value is based on many issues including the diagnosed injury, the past medical care, and the anticipated future medical care. The injury which you describe can be a number of different diagnoses each requiring a different approach to care. More specific information is necessary for someone to accurately evaluate a possible range of values for your personal injury case. I strongly encourage you to seek out the counsel of an experienced personal injury attorney to discuss your damages in greater detail.
Answered on Jun 26th, 2013 at 3:06 PM

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Personal Injury Attorney serving Beverly Hills, CA at Hyp Law Group
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They have to pay for it. Unfortunately, these tactics are normal for insurance carriers. For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers. Recently CNN's Anderson Cooper conducted an undercover investigation into these tactics.
Answered on Jun 26th, 2013 at 3:05 PM

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You need to retain an attorney to get you a reasonable settlement.
Answered on Jun 26th, 2013 at 3:03 PM

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