Rear ended by Semi Truck…

[Callmejase]

Hello! So I was rear ended by a Semi Truck 2 weeks ago while working, driving my work van. I’ve done a ton of research on whether or not to get an attorney immediately or wait.

The truck just smashed into me from behind as I was going with the flow of traffic. The damage doesn’t appear to bad but he hit solid steel and bent the metal pretty good.

I had minor pain between the shoulder blades at the time but thought I was okay. The next day I was in serious pain and saw the doctor. Neck, upper back, and shoulder strain along with head aches.

Many websites say “get an attorney right away because it was a truck”. It was a log truck owned by a local tree farm.

I’ve been off for 2 weeks now and was taken off work for 3 weeks until I see the doctor again.

Anyone have any advice for me? Im going stir crazy sitting at home!!
Thanks in advance!!

 

[adjusterjack]

The answer to what you CAN do depends on what you HAVE done.

First of all, you should be on Workers Comp for the medical bills and a percentage of loss of earnings.

Are you?

If not, why not?

Have you been in contact with the truck owner's insurance company? If not, why not?

If yes, provide the details of your contacts.

PS: Whether you get an attorney has NOTHING to do with what hit you. Though it probably wouldn't hurt to talk to a couple and review your options. No need to make a decision right away.

 

[Callmejase]

Hello! I am off work on workers comp. The truck companies Insurance has called me and took a statement(I think it’s Progressive Business Ins.) As far as the statement goes, I told them about what happened (I literally was driving along and BOOM he hit me from behind) and told them how I was feeling (I was in a lot of pain at the time and I told them as I mentioned above).

I appreciate your Input very much my friend!

 

[adjusterjack]

I told them about what happened (I literally was driving along and BOOM he hit me from behind) and told them how I was feeling (I was in a lot of pain at the time and I told them as I mentioned above).

Good. That's all you want to say. Any future contacts should be met with a similar statement, something like I'm still in a great deal of pain and still under treatment, I will contact you when I am fully recovered.

You do not talk money until you are fully recovered and have no residual issues or have reached maximum medical improvement. That could be several months, or more, depending on the severity of your injury.

You have plenty of time to decide on a lawyer. The statute of limitations to file a lawsuit is in Oregon is two years. Many claims like yours rarely even require a lawsuit. They are settled out of court.

If you hire a lawyer, the lawyer gets a third of your settlement, usually after expenses. Sometimes it includes expenses. Fees need to thoroughly be discussed and put in writing.

Workers Comp gets reimbursed out of your settlement for what it pays for your meds and earnings.

The way claimants with lawyers get any real money is if the attorney beefs up the pain and suffering portion of the claim. Unfortunately, with just aches and pains from soft tissue injuries, commonly known as whiplash, there isn't a lot of money there in the absence of a spinal injury and disability. Most people would rather end up healthy after a recovery.

If it turns out that there isn't big money involved, I will be honest with you about that but still give you tips on dealing with the insurance company.

You're going to have to be patient and wait and see how your condition progresses.

If the police responded to the scene, get yourself a copy of the police report for your own records.

Meantime, I suggest you keep a written journal. Every day describe the pain and the meds you take and the things that you can't to that you ordinarily do. This will become important when you ask for money later on.

Give it a few weeks and then come back to this thread for further discussion. I'm here every day.

What kind of work do you do?

 

[Callmejase]

Thank you so much! I’m a route sales rep. I got to retail stores and deliver merchandise.

 

[fed up]

Do EVERYTHING that your physician suggests. If PT or OT is recommended, do it for the prescribed amount of visits. Not doing so could be used against you in the final decision. PT and OT can be a drag on your scheduled day but do every visit.

 

[Callmejase]

Thank you very much! I will do that, I am very stiff and sore so I need the PT… also headaches…

I appreciate it!!

 

[adjusterjack]

I agree with Fed Up. Your work involves physical activity and lifting. Your physical therapist can guide you through your recovery until you can resume the physical demands of your job without exacerbating the injury.

 

[Callmejase]

Update here… so I learned when I initially went to the doctor I was diagnosed with a concussion… the symptoms match that diagnosis and I am doing better but still sore and stuff. I’m also still getting the headaches when up and moving.

Overall I am improving, but staying home doing nothing other then the PT is driving me nuts and affecting me mentally (Im a very active guy, biking and running).

Does the diagnosis of a concussion really change anything? Like it that more severe?

Like I said earlier, I’m very active and I’m having trouble keeping my mind at bay, stewing over all of this like a lunatic!

thanks very much for all the input!!

 

[adjusterjack]

Update here… so I learned when I initially went to the doctor I was diagnosed with a concussion… the symptoms match that diagnosis and I am doing better but still sore and stuff. I’m also still getting the headaches when up and moving. Does the diagnosis of a concussion really change anything? Like it that more severe?

It's certainly a part of your claim. How much money it's worth (if that's what you are asking) gets calculated at some future date. People recover from concussions all the time with no residual effects. Others have significant issues due to brain damage.

Read the following and make sure your doctor is testing and treating you accordingly.

Concussion - Diagnosis and treatment - Mayo Clinic

Overall I am improving, but staying home doing nothing other then the PT is driving me nuts and affecting me mentally (Im a very active guy, biking and running).

Like I said earlier, I’m very active and I’m having trouble keeping my mind at bay, stewing over all of this like a lunatic!

Mention all that in your journal.

Stress is also a part of your claim. However, unless you have become clinically psychotic and are medicated for it (hope not) there's not a lot of money there. So chill out and try not to let this ordeal upset you too much.