North Carolina  |  Personal Injury

Legal Question

Asked on: 10/13/12, 4:45 pm

I was rear ended with the other driver going 55 mph. Totaled my 2009 Nissan. I had no broken bones but I was beat and banged up. Treated as trauma patient because of the severity of accident scene ( 3 cars involved) Hospital bill was well over $27,000 with $12,000 being CAT scans and radiology. Have severe strained neck and suffered a concussion causing daily headaches. Also the may problem is Hip/low back pain radiating down my leg. Prior spinal fusion 8 yrs ago. With no flair ups in 3 yrs. Been running daily and working out with not pain. Scared I'm going down the same route I went before my surgery. Taking physical therapy 3 days a week for 3 months. Feeling very helpless and not sure if I will even get any pain and suffering because of prior surgery. I have lots of running groups that can vouch for me that I'm a runner and lift weights. The girl that hit me was totally negligent, she said she reach in the floorboard for her sunglasses. How much would be reasonable for pain and suffering. Hospital bill without therapy is $27,000, Dr took me out of work for at least 1 month also. So confused. Need serious advice, laying here on my heating pad in bad pain

2 Answers


Answered on: 10/13/12, 6:29 pm by John Kirby

These claims are difficult to evaluate, and there are lots of pieces of the puzzle. It is first important for you to complete your treatment, and to reach maximum medical improvement (MMI). Some of the injuries you describe can be very serious, and could require further procedures, and could result in further lost earnings. Dealing with the prior fusion is tricky, but is not necessarily a negative here; it appears that the collision aggravated your underlying condition, and you are entitled to compensation for that. Another piece of the puzzle is determining the insurance coverage available. This includes the other driver's policies, as well as your own policies (e.g. underinsured motorist coverage). Another issue is whether you have health insurance to pay for some of the bills, and whether you have any unpaid bills that you will have to deal with. In view of your injuries and bills, you are probably well-served to consult with an attorney and provide him him or her with more information, and to receive guidance on this claim. I practice in Raleigh and will be happy to speak with you further.


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Law Offices of John M. Kirby 2501 Blue Ridge Road, Suite 250 Raleigh, NC 27607-6479

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Answered on: 10/13/12, 8:02 pm by Jay Mills

I agree with Mr. Kirby. You need to make sure you follow doctor's orders and recommendations. You should also speak directly with a personal injury attorney who can help you navigate the legal issues, including negotiations. Good luck going forward. Jay Mills


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Burns Day and Presnell, P.A. 2626 Glenwood Avenue Raleigh, NC 27608

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