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Old 04-17-2019, 01:15 PM
 
Location: Northern VA
512 posts, read 633,942 times
Reputation: 621

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Quote:
Originally Posted by Roselvr View Post
When they settle, your attorney and the other will start talking, mine have. It usually goes by what body part is injured and if she will regain any use. I have had nightmares for the 1st year and still get them about getting T-boned but that doesn't amount to money.

I'm sure you have big numbers in your head but the reality is she may walk away with way under $50,000.

I'm fused L5-S1. My spine has gotten worst since the accident but I won't see any money for it because I have the fusion. It's expected that once you have surgery that other disks around it will go bad. I'll be shocked if it's not similar for your wife. You may not see any money for her spine, only for her shoulder like me.

What on your spine is bad? I do not suggest fusing lumbar if you can hold off. I'm in way more pain now after fusion without rods in 2001 then fusion with rods and screws in 2006.
Her neck and shoulder surgeries are because of the accident. She had no issues with either of them prior to the accident. She was hit as a pedestrian (running) in a crosswalk. In the police report, the lady that hit her said that she saw her. No explanation for why she hit her if she saw her.

Just the medical costs alone are well over $1M. Just one of the neck surgeries was $200k +. I know we won't see any of that directly as our actual out of pocket costs have been minimal. However, my insurance (Tricare) has covered most of it, with DOL covering the rest. She has four or five 3 inch binders with all of her doctor appointment's, notes, lab/radiology tests, and DOL paperwork. She's averaged less than 30 hours a pay period (two weeks) since the accident. We're approaching 2 1/2 years since the accident and I think she'll be looking at a third next surgery soon. By the time we go to settlement it will probably be more than 3 years. With all that I'm expecting at least a six figure settlement. Of course a big chunk will go to the lawyer, and I understand that we'll have to pay back a portion of the workman's compensation that she's received.

As for my back, I have thoracolumbar scoliosis, various disc bulges and extrusions, neuroforaminal narrowing, degenerative hypertrophy of the facet joints and nerve contact from T11-12 thru L5-S1. One diagnoses says levoconvex curvature of the lumbar spine and multilevel lumbar spondylosis, with likely clinical level relevant relationships at multiple levels. Another diagnosis says multilevel degenerative disc disease of lumbar spine with levoscoliosis.
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Old 04-18-2019, 05:42 AM
 
Location: Northern VA
512 posts, read 633,942 times
Reputation: 621
I forgot to mention that since the accident my wife has lost over $100,000 in wages, missed TSP contributions, leave not accrued, and government benefits paid for (TSP matching and FERS Retirement contributions). Less than half of that has been covered by DOL, but as I said before, we'll have to pay back a portion of that. And unless the expected third neck surgery "fixes" her, she will lose her career. Plus her SS estimate at FRA has dropped more than $400 in two years (March 2017 statement to February 2019). I'm sure there will be another drop in her 2020 statement.

If all that isn't worth well north of $50,000 then the system is screwing us on top of the accident significantly impacting our lives for the last 2 plus years and counting.
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Old 04-18-2019, 07:26 AM
 
Location: Living rent free in your head
31,120 posts, read 13,636,147 times
Reputation: 22166
Quote:
Originally Posted by djplourd View Post
I forgot to mention that since the accident my wife has lost over $100,000 in wages, missed TSP contributions, leave not accrued, and government benefits paid for (TSP matching and FERS Retirement contributions). Less than half of that has been covered by DOL, but as I said before, we'll have to pay back a portion of that. And unless the expected third neck surgery "fixes" her, she will lose her career. Plus her SS estimate at FRA has dropped more than $400 in two years (March 2017 statement to February 2019). I'm sure there will be another drop in her 2020 statement.

If all that isn't worth well north of $50,000 then the system is screwing us on top of the accident significantly impacting our lives for the last 2 plus years and counting.
Did you find out what the other parties liability limits are? The reason I ask is because that is likely going to what you will get. You can't get blood out of a turnip and unless your wife got real lucky and was hit by a very wealthy person most people have very few assets that can be used to satisfy a large judgment.

If I remember correctly this is the 4th time your wife was the victim of an accident, all of which involved in neck strain? The insurance company will use that to mitigate the damages, they are going to try to attribute most of this injury to past accidents. I'm not trying to be debbie downer but I've been through this with various family members and have never seen one of them recover even a fraction of what they lost due to a serious accident let alone get anything for pain and suffering. If I were you I would ask my attorney to give me an estimate of the possible settlement and then work on a life plan based on that.
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Old 04-18-2019, 08:19 AM
 
882 posts, read 1,931,090 times
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If I understand the OP's post correctly, his wife would have had more in retirement via FRA vs. disability, so going on disability involuntarily is a disadvantage. In my case if I were to be disabled now, I would be getting more than I would at early retirement (62), as far as SS is concerned. Someone brought that up earlier in another thread (receiving more under disability than normal retirement).
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Old 04-18-2019, 08:19 AM
 
Location: Northern VA
512 posts, read 633,942 times
Reputation: 621
Quote:
Originally Posted by 2sleepy View Post
Did you find out what the other parties liability limits are? The reason I ask is because that is likely going to what you will get. You can't get blood out of a turnip and unless your wife got real lucky and was hit by a very wealthy person most people have very few assets that can be used to satisfy a large judgment.

If I remember correctly this is the 4th time your wife was the victim of an accident, all of which involved in neck strain? The insurance company will use that to mitigate the damages, they are going to try to attribute most of this injury to past accidents. I'm not trying to be debbie downer but I've been through this with various family members and have never seen one of them recover even a fraction of what they lost due to a serious accident let alone get anything for pain and suffering. If I were you I would ask my attorney to give me an estimate of the possible settlement and then work on a life plan based on that.
Our lawyer told us that they would go after the insurance company for anything over the individual's liability limits. I'm not sure how that actually works out, but the lawyer doesn't get paid until we get paid. I'd think by now if they thought the settlement would be limited to the individual's liability limits they would have pushed us to settle already since the longer this takes, the more time and expenses they incur with the likelihood of not recouping their costs. By the way, if the individual that hit my wife only had the minimum liability required, we practicality blew past that from just the ambulance and the initial emergency room visit.

It was only one accident, resulting so far in two neck surgeries and a shoulder surgery, so many doctor appointments (pain management, ortho, neurology, neurosurgery, behavioral health, etc), and x-rays, MRIs, other labs and testing that I've lost count.
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Old 04-18-2019, 08:37 AM
 
Location: Northern VA
512 posts, read 633,942 times
Reputation: 621
Quote:
Originally Posted by ngrome View Post
If I understand the OP's post correctly, his wife would have had more in retirement via FRA vs. disability, so going on disability involuntarily is a disadvantage. In my case if I were to be disabled now, I would be getting more than I would at early retirement (62), as far as SS is concerned. Someone brought that up earlier in another thread (receiving more under disability than normal retirement).
In my previous post I was simply showing how much her estimated SS at FRA had dropped by over $400 in two years due to her limited work schedule. Looking at SS disability, surprisingly her amount has actually gone up by $30 in the two years. I have no idea how that works out.

If she gets Federal disability retirement and SS disability she'll get 60% of her high 3 salary minus 100% of any SS disability for the first year. After the first year she'll get 40% of her high 3 salary minus 60% of any SS disability. Since we'll still have to pay taxes on the federal disability, it looks like her net will be 10-20% less than what she'd get working full time.

The real benefit to federal disability is that her service time still accrues until age 62.
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Old 04-18-2019, 08:42 AM
 
32 posts, read 12,467 times
Reputation: 123
Hey good luck had 3 failed back surgeries so know what you (and wife) are going through, probably could get disability but feel just as bad at home watching Price is Right as I do at work, so might as well work until I retire. Boss yelling at me takes my mind off of my back lol, also get paid a lot more and don't feel worthless. I go to the gym everyday, at least an hour, sometime two, doesn't really help my back but got to do something.
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Old 04-18-2019, 09:35 AM
 
Location: Living rent free in your head
31,120 posts, read 13,636,147 times
Reputation: 22166
Quote:
Originally Posted by djplourd View Post
Our lawyer told us that they would go after the insurance company for anything over the individual's liability limits. I'm not sure how that actually works out, but the lawyer doesn't get paid until we get paid. I'd think by now if they thought the settlement would be limited to the individual's liability limits they would have pushed us to settle already since the longer this takes, the more time and expenses they incur with the likelihood of not recouping their costs. By the way, if the individual that hit my wife only had the minimum liability required, we practicality blew past that from just the ambulance and the initial emergency room visit.

It was only one accident, resulting so far in two neck surgeries and a shoulder surgery, so many doctor appointments (pain management, ortho, neurology, neurosurgery, behavioral health, etc), and x-rays, MRIs, other labs and testing that I've lost count.
They can only go after the insurance company if they acted in bad faith and refused to negotiate on a settlement, it's not often that a judge will find that the actions of an insurance company rise to that level of malfeasance. But there is absolutely no other way that an insurance company will pay for more than the policyholders liability limits, it simply will not happen. https://www.alllaw.com/articles/nolo...cy-limits.html I hope that this is a local attorney and not one you found on a website. I think the attorney owes you some better explanations.

My bad about the four accidents, that was a comment made by another poster, I apologize.
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Old 04-18-2019, 10:53 AM
 
Location: Northern VA
512 posts, read 633,942 times
Reputation: 621
Well I'm hoping there's some exception but I guess I'll find out later. I don't know the driver's limits, but it looks like collecting against my own uninsured motorist policy might be the only way we recoup any decent $.
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Old 05-09-2019, 10:54 AM
 
Location: Northern VA
512 posts, read 633,942 times
Reputation: 621
This just keeps getting better and better (not).

So we just found out a few days ago that DOL isn't paying her since February because now they're saying her shoulder surgery wasn't approved. This despite the fact that we submitted all the paperwork and they approved the post surgery physical therapy! So now we have to go to back to her doctors (neurosurgeon and ortho) to get them to explain why her shoulder surgery was related to her injury. I fully expect that we will eventually win on appeal, but it will probably take several months. We thought the payment delay was due to their over payment.
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