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Anyone filed "pain and suffering" in insurance case?

Discussion in 'Fred's House of Pancakes' started by perryma, Oct 23, 2009.

  1. philobeddoe

    philobeddoe ΜΟΛΩΝ ΛΑΒΕ

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    i got no issue with you or your typing :tea:





    well, thank the flying spaghetti monster i work in the entertainment business and not the real world, or little things like logic and reason would become a thorn in my side

    seriously, can't we have another thread in FHOP to debate this, appropriately, and just stick to helping the poor OP out here?












    i'm assuming that was the dyslexia rearing its ugly head :boink:
     
  2. Dave_PH

    Dave_PH New Member

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    Radioprius will be my first expert witness. Now we have 'intervening cause'. The trips to the gym without the supervison of a licensed physical therapist followd by a visit to a chiropractic 'practitioner'. And the OP hasn't suffered a disability. By his own admission he continues to work and continues his prior activities.

    The OP will end up giving money back and having a file openned at Choicepoint for future employers to review.
     
  3. apriusfan

    apriusfan New Member

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    The mistake you are making is to presume that facts and logic and evidence are dispositive. If this thread gets kicked to FHoPol, that will be even less the circumstance.
     
  4. Dave_PH

    Dave_PH New Member

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    We are. His claim isn't going anywhere and could even cause him trouble.
     
  5. neilz

    neilz Member

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    Just because you have a preexisting condition, doesn't mean that someone can aggravate that condition and cause you additional pain.
     
  6. Dave_PH

    Dave_PH New Member

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    I agree. It's a degenerative condition. Someone didn't necessarily aggrevate it and cause additional pain.

    Did this pre-esxsting condition impair the OP's ability to turn his head to ahieve a full range of vision and possibly avoid a collision? Does he have any safety equipment installed on the car to accomodate his deficit?
     
  7. koa

    koa Active Member

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    It probably is different in different states as to what is required to sue someone for pain and suffering. I rear ended someone and was sued. The lady I ran into had to meet a financial threshold of a certain dollar amount in medical treatments before I could be sued for P&S. She met that amount by going to different doctors and physical therapists. My court case took about a week with a jury trial where the woman even claimed she could no longer have sex with her husband. My insurance company had decided to take my case to court rather than settle because of the abuse by the lady and the doctors of the system. The jury believed me when I said I had stopped behind her at a light, light turned green, she went, I went, she stopped for no reason and I bumped her car and broke a tail light, no other damage. The jury did not believe her accusing me of plowing into her at a red light. I won, she lost.

    I don't know how much time you have to seek medical treatment, I thought it was about one year but could be much shorter. There probably is also some sort of financial threshold you need to meet. You should contact an attorney and also not post any more info about your case online.
     
  8. perryma

    perryma New Member

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    Ouch, a lively group here. The other driver ran a red light and plowed into me. They had no insurance . I have waited sooo long simply because I didn't know there was any more action I could take until a guy at my gym told me about it. Thanks for the input.
     
  9. mrblaise

    mrblaise Go Lakers!!

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    Perry: If you'd like to send me an email, I'll try to help you through this as best I can. As an attorney, I've handled hundreds of cases just like yours.
     
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