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Articles Posted in Injuries and treatment

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What can you do when you have constant pain in your neck and back after a car wreck? After numerous trips to your doctor and anti-inflammatory and pain-relieving medications don’t work, he or she may recommend that you have an epidural steroid injection. This happens frequently after you have been diagnosed with a bulging for herniated disc.

Should you get these controversial injections? This post will answer questions about these shots.

What is an epidural steroid injection?

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It is common to feel pain in your neck and back after a car or truck crash. As you were hurled around your vehicle, your head and body may have slammed into the steering wheel, door, dashboard, and seat. Unfortunately, you may now have a bulging disc in your neck or back – or both.

This article provides information about what this diagnosis means, the medical treatment that you need, and its effect on your injury claim or lawsuit.

What is a bulging disc?

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When you are rushed to a hospital after a car crash, the cost for treatment and testing often exceeds $10,000. But instead of filing on limited insurance policies, the hospital can file a hospital lien to guarantee that it will be paid in full from your settlement or verdict. This is unfair and can wreck settlements.

A major national newspaper just reported about the abuses with hospital liens. It noted that one hospital makes a shocking $10 million a year this way. How rich hospitals profit from patients in car crashes

However, sometimes the hospital does not follow Texas law and its lien is not enforceable.

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After you are in a car, truck, or 18-wheeler wreck, you will need medical treatment so you can heal. But it is expensive and you may not know how to get your medical bills paid. You naturally assume that the other driver and their insurance company are going to pay them quickly.

But it can take some time for the possible payers — the other driver’s automobile insurance, your health insurance, your car insurance, and others — to decide if they are going to pay you. Then they have to look at the medical records and medical bills and decide how much they want to pay. This is often a slow, complicated, and unfair process that affects every car and truck collision.

Unfortunately injured people need to wait to negotiate a settlement or obtain a jury verdict until the possible payers obtain this information:

Doctor Examining Patient

So as you can see, this is a very important topic. The problem is that you will not know in advance which doctors you need to see, what they charge, and who is paying them.

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How can a personal injury attorney obtain medical records and costs?

After a car crash or other tortious act, the lawyer must obtain the victim’s medical records and calculate their bills to prevail in their lawsuit or insurance claim.

Unfortunately the process to obtain medical records can be expensive and slow and the ability to learn medical costs has been nonexistent. But these should not be road blocks that delay litigation and hobble insurance claims in our high-speed digital world.

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Accident victims got some unexpected good news yesterday. A sweeping new law that will prevent most surprise medical bills was approved by Congress as part of pandemic-related legislation. The bill now moves to the President for approval. Bravo!

This has been a serious problem for many years. One of the biggest problems injured victims face comes weeks or even months later when they open their mail and find enormous surprise medical bills. This often happens because they have been treated by a hospital or doctor outside of their health insurance network so their company paid little, if any, money.

Of course, rarely. if ever. do people in emergency situations like car wrecks know in advance which providers will be paid.

This has resulted in an abusive practice called balance billing.

Further, victims have no idea that the hospital can charge any amount of money it wants to. We often see hospital bills exceeding ten thousand dollars due to treatment by multiple physicians and extensive diagnostic testing, not to mention huge costs for surgeries.

On the other hand, if the bills are in-network, there is no balance due, other that the co-pay and deductible.

Further adding to the financial stress, someone often has a health insurance plan but it claims that it is secondary and refuses to pay. In other casers, it eventually pays after a long delay, but then demands to be repaid in a process called subrogation.

To make matters worse, the at-fault driver’s liability company has no legal duty to pay the plaintiff’s medical bills up front, so it doesn’t pay until it knows all of the damages the injured victim has suffered and how much money they are demanding for compensation.

Surprise medical bills are a huge problem, especially in Texas where they are generated at two times the national average.

The new law will help hundreds of thousands of Americans every year.

Unfortunately, it does not take effect until January 1, 2022.

So after the surprise car crash and surprise medical treatment, the surprise medical bills will surprisingly be allowed to continue for a long time.

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What is an eggshell plaintiff?

Personal injury law has always required a negligent person to pay for all damages suffered by the person they injure. This is due to the eggshell plaintiff rule that holds that the weakness or sensitivity of a victim cannot be used against them in court. But calculating those damages can be difficult, especially if they increased due to a past condition or injury. Personal injury lawyers and insurance lawyers battle over this issue on a daily basis.

Defense attorneys claim that the wrong-doer is not liable for the portion of the injury that pre-existed the accident. But the tortfeasor must take the person they harmed as they found them. The victim cannot be blamed for being vulnerable. An accident will cause them to suffer a greater injury and larger damages than the average person.

Getting your head smashed by a huge truck feels a lot like what a football player experiences when he is tackled and is thrown to the ground. A personal injury lawyer represents people with brain injuries from car wrecks and related neck and back injuries, not athletes. But a speeding truck or a blitzing linebacker both cause concussions. The brain is shaken and hits the skull. Bruising, tearing, or a fracture with bleeding and swelling can happen. Brain injuries from car wrecks and football games are all too common. For example, our client was driving this truck when another truck ran a red light, causing him to have surgery.

Walton

Brain injuries from car wrecks

If you have been in a car or truck wreck, how do you know if you have suffered a brain injury? It can often be difficult to know. 

Terrifying crash has a happy ending

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We are pleased that we were able to get the maximum amount of $80,000.00 paid to the young woman driving this car in Fort Worth only five weeks ago. We will also get her another $2,500.00 from her Personal Injury Protection policy.

Unfortunately, a young man in a pick-up truck failed to stop at a stop sign and t-boned her car. The impact pushed the car off the road where it plunged head-first into this drainage canal. Needless to say, she was seriously injured. 

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