by Tom
(Northampton UK)
Hello
We were driven into head on and our car was a write off last year.
I already have a lifetime back injury from 19 years ago due to a work accident.
The other party have offered to settle but I am worried that I may have to give up work as the pain is now as bad or worse than when I had the original accident.
Which is the best way to proceed with this as the stress is causing very bad Psoraisis as well.
Kind regards
Tom
Hi there, Michelle here...
You present a complicated case, no doubt. I donât quite have enough information, so I will do my best to help you. You can always use the comment form to write back if you need to, I will get that as well.
Here we go: I do not know what kind of treatment you have had for either injury. If you are disabled from a prior injury, my best guess is you have a disc herniation, which probably flares and causes you a lot of pain at various times during your year. But this is a guess.
Regardless of the exact back injury, a car accident can make your injury a lot worse and increase your pain significantly.
You need to be evaluated by a chiropractor. And you need to be represented by a solicitor. Right away. I would NOT attempt to settle this one without being represented. The reason is because your prior back injury makes any settlement very very complicated.
This is how to think about a settlement. The goal of the settlement is to provide financial compensation for the pain and suffering the car accident caused you. This compensation must also take into account whether or not the injury you suffered will be a life long injury. If the injury from the car accident caused you to be in significant pain, your settlement must be large enough to provide future medical care, as well as large enough in case you canât work.
Since the car accident aggravated a prior back injury, you will also want a lawyer to take this into account.
So, please reach out to a solicitor immediately. Explain the case and likely you will find someone who wants to represent you. Most lawyers will not charge you until they settle, and their fee comes out of the settlement.
Further, you must seek treatment. Of course I have no idea what treatment you have done, so this may or may not apply. But first things first, please go see a chiropractor. And you need to find either a massage therapist or even better a Rolfer. You need some very deep focused body work.
Likely the chiropractor will be able to refer you to a Rolfer (they do the deepest bodywork). You can also self refer to a Rolfer, just google search for one near you. Rolfing is one of the best combos with chiropractic care you can do to get out of pain. Please do this immediately.
I donât have the date of your accident, so I am unclear whether or not you are near the statute of limitations for your accident (this means the date it becomes too late to collect any compensation), you can check out this page to help. UK insurance info.
If you are not too close to the statute of limitations, this means you have more time to both receive treatment and to find help from a lawyer.
If you are having a lot of pain still, I would say it is too soon to settle, that you need more focused treatment, and that you need a lawyer/solicitor to assist you with getting a fair settlement.
The insurance company will work very hard to prevent you from receiving fair compensation. The way to handle this is to be represented by a professional.
I sincerely hope this helps.
Best Regards, M.
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