I was in a car accident this year. I have had 2 previous back surgeries and I have re injured and herniated the surgery area. (L4 L5 - L5 S1) I got MRIs and was told I also have a herniated disc in neck. They are suggesting I get a fusion on lower back and get the disc in neck replaced with a fake disc. I also have stenosis. I am 24 years old! As of right now I am in pain everyday some days I can hardly move. I sit at work all day which is making things harder. Can I quit my job? Also I feel like my attorney and the surgeon are pushing me to do this to make their lives easier. im not fully sure I trust my attorney! The other driver was sited at fault the other driver also only has a $100,000 policy. My attorney settled for the car at 80/20 Is there a possibility to get a new attorney?
I am very sorry that you are so young and you have already had to go through several back surgeries. It is especially troubling that you are now faced with the difficult decision of determining whether to get another surgery because of the actions of the at fault driver. Remember that any decision involving surgery or any medical procedure is your decision as the client and the patient. You should never feel pressured into getting a surgery. However, if you are in a substantial amount of pain then perhaps a second medical opinion would be beneficial. I am also uncertain as to what you mean when you ask if you can quit your job... if you feel you are unable to work because of your injuries, then perhaps you should consult a disability attorney.
With respect to your personal injury attorney, if you do not wish to continue to be represented by that attorney, then you can sever the attorney/client relationship, (in essence, you can "fire" your attorney if you no longer wish to work with them). You should schedule a meeting with your attorney first to discuss both your reservations regarding surgery and about how you feel about your case and his/her representation. You should feel trust in your attorney and know that they are not only advocating on your behalf to the opposing counsel and insurance company, but also that they are looking out for your general well being. If, after sitting down with your attorney, you do not feel you trust him/her, then it may be time to look for another attorney to handle your claim. I wish you the very best of luck!
Sounds like you might want to get a 2nd medical opinion if you are questioning the recommendation for additional surgery on your back and neck. It seems like you would want to undergo the recommended treatment to try to alleviate your symptoms to the point that you could lead a normal/functional life. Your question about quitting your job is confusing. Do you mean quit your job versus get surgery? The other side might argue you are not mitigating your damages, especially if your doctors are of the opinion the surgeries will reduce your pain.
***This response is solely provided for general information purposes and is not intended as legal advice. This response does not create an attorney-client relationship.
This is a difficult question to answer for a multitude of reasons. Starting with the medically related questions, you can always seek a second opinion from another physician to satisfy your uneasiness about surgery. It is perfectly natural to be hesitant to undergo a medical procedure.
In relation to your attorney, you should speak to them about your concerns. If you feel that s/he has not eliminated your concerns, you can consult with another attorney to find one that you feel more comfortable with. I wish you the best of luck!
Yes. You can discharge your attorney for any reason or no reason. Schedule a consultation with a new attorney and take your records and the current case status with you to the appointment.
For more information, please visit www.kvatoughlaw.com
It is your right to discharge your attorney and speak with other attorneys about your legal rights and remedies and about possible representation. . As for the best medical course to follow, you need to speak with doctors who are experts in the appropriate area of medicine.
First of all since you currently have an attorney give he or she the opportunity to sit down face to face with you while you express your concerns. You are facing very serious surgeries but the choice is always yours. You can also sit down with the Doctor and speak your mind about your concerns. A second opinion is always helpful. But speak to your own attorney first. If you cant get the answers there you are looking for you can always fire an attorney and interview other attorneys until you feel you have found one that you believe has your best interest. You are facing tough decisions so good luck.
I would consult with the same surgeon that operated on you in the past. Bring your MRI and copies of your current medical reports. Take control of your medical situation first. If your first surgeon won't or can't see you, try to see a surgeon in a university hospital setting. Your lawyer and current doctor may be correct but get a second medical opinion. Do not agree to settle your case until your medical plan is decided.
An attorney should never "push" you into surgery. In fact an attorney should only review the legal ramifications of what you do and let the medical professionals make the recommendations that they think would most benefit you from a medical perspective. An experienced personal injury attorney can provide you with some valuable anecdotal information about how other clients have fared in similar circumstances, but it is important to point out that just because one person, or even many, have had a particular result does not mean that you will. You need both a second medical and legal opinion, if what you say is accurate.
If you do not trust your attorney, then hire another one, but be aware that your current attorney can place a lien against your settlement for the work he has done.
Let's discuss a few other issues I see in your information:
1. Your attorney settled for 80/20 on your car. This means you are comparatively negligent. Florida is a pure comparative negligence state and you can only recover the percentage of damages for which you are not at-fault. Using a dollar as the amount of your damages (it's the easiest amount for people to understand), if you were 20% at-fault, then you can only collect $0.80. This is common in intersection and lane-change claims.
2. You've already had two back surgeries. Either you've been involved in other losses or you have some early degenerative issues. I've seen them in people as young as 15. Some play contact sports, others dance or ride horseback, and others just have bad genes. Additionally, smoking causes disc dessication and other issues.
3. Most self-styled "personal injury attorneys" know very little about injuries and causation. Stenosis, for example, is not caused by a crash. Stenosis is a narrowing of the nerve conduits and spine. Some people have it at birth, and others develop it over time due to age and degeneration. Likewise, many people over age 30 have herniated discs (the lumbar spine at L2 is most susceptible to age-related degeneration).
There are arguments that an astute personal injury attorney can make such as "eggshell patient" to overcome the arguments claims adjusters will argue, but the attorney has to know how the other side thinks. Sadly, many do not.
No attorney should push you into having surgery. An honest piece of advice would be to tell you that surgery will increase the value of your claim, which is entirely true, and that failure to follow a doctor's recommendation (absent a good reason why you don't) will hurt it. Attorneys aren't usually doctors, and you should make medical decisions based upon your medical needs and nothing else.
I've had a c6-7 anterior cervical discectomy and fusion. I have an Atlantis plate, two screws, and a cadaver bone in my neck. It isn't fun, and it hurts. But if you need it, then it will probably make you feel better.
You have difficult choices to make. Good luck and choose carefully.
I am a Florida attorney who practices in the areas of personal injury, criminal defense, and civil rights. You can call me to arrange a free consultation about your case if it is in one of those three areas. My phone number is 407-463-3506. My answers on AVVO do not establish an attorney-client relationship. Your case must be evaluated in full in light of all all its complexities. The hiring of a lawyer is an important decision that should not be based solely upon advertising. Before you decide, ask the firm to send you free written information about the lawyer’s qualifications and experience.
First, this is about you. If you are not convinced that you need this procedure or do not want -that is your decision. Get another opinion . I do not know who the surgeon is but you might want to travel up the road to another. In terms of your recovery without all the facts it is hard to know. Perhaps your attorney feels that you may have a claim to recover more than the policy limit. Discuss this with your attorney and try to work out your differences before you move on. If you do have health insurance you might look for a provider on your health plan.
You can get a new attorney any time you want. You may also consider a second opinion about surgery.
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