Well, as most of you recall, my mom and I were in a car accident in May of 2006 and I ended up with a messed up arm and nerve damage. Well, I had surgery on my elbow last February to relocate my ulnar nerve. My arm got significantly better. However, my wrist and hand didn't. My new doctors have now determined that I have a double crush injury, meaning I damaged the nerve at my elbow and my wrist at the same time (I had my hand up by my shoulder holding the seatbelt when we got hit, which means my arm was bent at the elbow and also at the wrist while in a gripping position). It looks like I am probably going to be having surgery again on my wrist soon. I have an appointment next Friday to see if they want to do the surgery now or wait (I prefer now to get it over with and to keep the symptoms from progressing).

Now comes the particularly frustrating part. My mom just settled her insurance claim for her knee injury (torn meniscus). My lawyer was holding off on filing a demand until I found out about my possible upcoming surgery. I was just notified today that I am now being challenged on my injuries and loss of income (being off work from injuries and surgeries). So, now I have to produce all my income and financial records, employment history, and medical records going back five years prior to the date of the accident, which was May 21, 2006.

On top of that, the parents of the girl that hit us (she was 25, so it's beyond me why they would be carrying insurance coverage on her anyway) are now countersuing me! The exact nature of why they are suing me remains unclear at this time, especially since I was a passenger in the car, had no part in driving (wasn't my car either), and the girl was deemed 100% at fault by the investigation as she was speeding and ran a red light when she hit us. On top of that, the parents are also claiming that any injuries I have are either not real (despite needing to undergo surgery at least once so far) or a work-related repetitive stress injury, which is contrary to the findings of my primary care doctor, two neurologists, a physiatrist, and two orthopedic surgeons. All agree that the elbow injury is totally appropriate to the mechanism of injury in the car accident. The wrist injury is a little less definite with the majority saying that is "highly likely" that the wrist injury is part of the original injury, especially since it involves the same nerve that was damaged at the elbow and has the same nerve symptoms/sensations, making it very likely that it was all done at the same time by the same cause. They all do agree that it would not be caused by my job (medical transcription) as it does not involve repeated pounding or excessive bending and stretching of my wrist.

This has left me very very frustrated as it is one more stress I don't need! My lawyer was trying to reassure me that it was actually a good sign that the parents were suing me. His explanation was that it means the insurance company probably advised them that I more likely than not will be awarded more than they had coverage for, which means the parents are then responsible for anything I am awarded above that level.

I'm trying to be optimistic, but I have all these doubts that they are denying my claim and trying to prevent me from getting more than just minimal compensation. It's not like I expect a ton of money anyway. I just want to be able to pay my bills off so I won't need to work two jobs and live at home. I'd be happy if I got the same amount my mom got (which would allow me to accomplish my goal), although she had less injury and no lost income as she doesn't work.

Keep your chin up!

I'm sure that you'll get a fair settlement!

Hmm, you sure typing that long post didn't cause your wrist injury? Haha, j/k.

Of course "they are denying my claim and trying to prevent [you] from getting more than just minimal compensation."

But it doesn't sound like you should worry about it too much. It sounds like they are just slinging BS in the hopes that something sticks.

GL!

Yeah bull sh!t dont fly in court.

Sorry to hear about the problems Bunny. I think her insurance or the parents, is running scared. I think your lawyer is right in what he said about it.
Hang in there,, you will prevail.

Bunny,

The countersuit sounds like typical lawyer/insurance procedure. They hope that by claiming and countersuing, you will be more willing to settle or an outside chance that a sympathetic judge will see it their way. They are countering you because you (or the insurance company) are suing them for medical/damages/etc. I wouldn't worry about it too much. Your lawyer should have expected it and should have told you it was a possibility.

Chin up and don't let this deter you from getting the treatment and compensation you are entitled to.

Don't worry about it. Keep being optimistic, it's the best thing for situations like this. I was a passenger in a car accident a couple years ago. We t-boned them cuz they ran a stop sign and the were proven completely at fault (naturally). These things take forever. Still waiting on court date. Just get everything the lawyer asks for and be patient. If you were proven not at fault, there's nothing to worry about. Just cooperate and wait.

Dont worry about the lawsuit bunny. You can sue for ANY reason AT ALL in the united states. Winning a lawsuit is much harder. If the girls already been considered 100% at fault, I doubt they have much of a case.

((((BunnyGirl))))

^Wow that was big!

You'll be fine - she has no case against you, obviously. But bodily injury claims are a very long drawn out process - don't get discouraged, it should be worth the wait. The claimant's carrier will try to look as far back in your medical history as possible to try to prove the complications with your wrist stem from a prior incident. (oh, she tumbled out of her highchair when she was a baby.... this must of orginated from a previous incident)

I'm still working on getting all the paperwork together so I can get it to my lawyer tomorrow. I'm only about half done.

I think the reason for the countersuit is that my lawyer is suing for potential lifetime impairment and future income loss. The doctor I saw before being referred to a hand surgeon said there was an 85% chance that my symptoms would remain exactly where they were without improving, even with further surgery. He said there was a 10% chance of worsening. So, that left a 5% chance that things might improve with more surgery. However, this was before recently being diagnosed with early muscle wasting in my hand, which implies permanent nerve impairment. This is why I was sent to the hand surgeon, as my best bet of keeping the muscle wasting from getting worse is to do surgery to release the nerves and blood vessels and open up all the passages for them. As it stands now I have constant electrical shock/pins and needles tingling in my hand, which feels like when a limb has "fallen asleep" and starts "waking up." That's not expected to improve much if at all with surgery. What they are hoping, though is that by doing more surgery it will hopefully stop it from setting off stronger and more intense pain and nerve symptoms when I bend at the wrist such as pushing a door open, turning a door knob, using my hands to get up from a chair, and even shifting now when I drive. I've lost most of the coordination of my ring and little finger so that I can no longer use them for my job, which is typing. I am now also losing coordination of my thumb, as the nerve controls the ability to pull the thumb in and out. I can do it with no sort of weight or need for coordination for any sort of activities.

If the symptoms stay at this level or continue to get worse (as they have been doing, despite the elbow surgery taking care of the rest of my arm) it's doubtful that I will be able to continue doing my job as I won't be able to continue meeting production requirements and may not be able to use my right hand to type at all anymore. I also write mostly with my left hand now as I have a really hard time gripping a pen.

My mom didn't have to go through any of this as she doesn't work and hasn't since before I was born. All she was asking for was pain and suffering.

I'm sure things will work out okay. I'm just feeling completely overwhelmed at the moment.

You'll be fine - she has no case against you, obviously. But bodily injury claims are a very long drawn out process - don't get discouraged, it should be worth the wait. The claimant's carrier will try to look as far back in your medical history as possible to try to prove the complications with your wrist stem from a prior incident. (oh, she tumbled out of her highchair when she was a baby.... this must of orginated from a previous incident)

In this case they can only ask for my medical records going back five years prior to the accident unless I have had a past significant injury to the same body part that would relate to the current symptoms I have now. Fortunately I have nothing like that. When I was 13 I did have a bone chip in the same hand, but it has already been ruled out by my doctors and an independent doctor for the other side as contributing in any way because it wasn't in the area as my symptoms adn no arthritis evident. It also wouldn't cause nerve symptoms.

will send you a pm of a similar experience...