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Compensation
I began to have a life again and at least could help with some of the housework, as it was now five years since the accident I instructed my lawyers to settle the case and after a few more months had passed we reached a settlement. I had been earning close to $50,000 per year before the accident so I had lost about $250,000 in earnings, but the most I could get was $250,000 out of which all medical expenses, social security payments, lawyers’ fees, etc. had to be deducted.
So I ended up with about $180,000. So I basically recovered my lost earnings but had got nothing for what my future earnings could have been and I would also have to pay or all future medical expenses.
I had no choice but to except the offer, as my lawyers instructed me if I didn't take this offer under the current law I could be held responsible to pay for the insurance companies expenses, their lawyer fees, the court fees, etc. so that if I went to court and the judge decided that the $250,000 was enough I would have ended up with $100,000 if I was lucky.
Unbelievably the lawyers fees were $30,000, an incredible amount for what probably was a total of 40 hours work (10 hours by lawyer, 30 by their secretary). The lawyers were obviously in it purely for the money, they didn't care at all. I hired my lawyer from an advert in the yellow pages, I would not recommend this to anyone, try to find a local lawyer preferably someone who cares about the outcome not just their fee.
Governments are now trying to lessen car crash insurance pay outs, I believe they need to be increased I have lost 40 years of wages, even not allowing anything for inflation at $50,000 per year, I've lost $2,000000 in earnings. Also the insurance company’s tactics need to be monitored. They sent me to crooked doctors who tortured me and wrote reports which clearly understated my injuries, pain levels and loss of function.
My wife and I were lucky that before the accident we had purchased a house for $52000 and luckily we had paid most of it off because we would never have survived otherwise.
There's no doubt in my mind if we had decided to buy a more expensive home, we would have lost it, because under the current structure of insurance for victims of car crashes there are no payments at all until final settlement, and because it takes years until a persons injuries stabilizes the victim is left to survive on social security until final settlement which takes between 3 and 10 years.
Present day
Its now 2007 my back pain has unfortunately increased and I now sometimes have referred pain from my back which extends all the way down the back of my legs, I sometimes wake up and both legs are cramped up with severe pain. Recently my local GP sent me for a CT scan which showed I now have disc bulges at L4/5 and L3/4, at present they don't appear to be causing permanent damage to my nerves. Of course my GP says there’s nothing that can be done and for the time I am prepared to wait until it worsens. Although I now realize I may have been pushing myself too hard, so I will try to take it easier, but I have a family now and there are things that need to be fixed or done and I can not afford to hire someone to do them.
I now have dealt with my anger and depression, I realise there is nothing more I or any doctor can do to reduce the pain further at present. I have seen programs where new pain medications are being developed so I’m hopeful that maybe in the future there will be better pain medications available.
I am still extremely grateful to Dr Cain, my local GP, and the rehab specialist who got me onto the stronger pain medication because it has made life liveable. And offcourse I’m extremely grateful to my wife and have a lot to look forward to with my two children.
I have missed out on picking up my children and playing physical games with them, but I look at the positives and there are many.
Managing pain
I have learnt to manage my pain much better and have been amazed at some things I have managed to do. By working for 10 minutes then lying down for 5 to 10 minutes I can keep up an activity for 1 or 2 hours, as long as I don't push myself too far I can continue the next day, if I do push too far I will need complete rest for at least the next 3 days, because of increased pain which includes cramps which can go from my lower back to my calf muscles.
I have been studying 2 hours week since 1999 and now am a qualified residential housing draftsman (designer) and builder, while I will never be able to work full time or commercially in these trades I will be able to help my family and ensure that my children will at least have a decent house to live in.
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