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Surgery, settlement, scared about the future.

AnonymousUserAAnonymousUser Posts: 49,670
edited 06/11/2012 - 8:27 AM in Lower Back Pain
This is a new post about my previous topic about me being 24 and needing advice, age and needing advice haven't changed, but trying to be more precise on the specific topic I feel has.

I had my first cortisone shot and I am approaching my second, the pain has worsened in my lower back and now my right leg pain is getting more severe, the left hasn't changed much but is still a solid 7 at a constant. Surgery is looking more like a must and according to my attorney the main surgery in oklahoma is a fusion. They do not do the other surgerys that I have read about that are available in other parts of the country. Is there very many people with a good turn out for this type of surgery? Mine will be a double fusion at L4-L5 L5-S1 I believe. What size settlement should I be looking at as far as pain and suffering goes ( aherniated discs at L4-L5 L5-S1 that keeps me in sever pain constantly that are aherniated to an 8 of 10 scale according to the doctor), cause if I have nothing but pain to look forward to then a little settlement is not going to cover future surgerys or medical help. Just starting to get scared about everything and feel like I need more advice. Thanks for your time and concern.


  • Just to be clear, this is not a workers comp claim, this is a slip and fall due to gross negligance of my condiminium. So when I say settlement, I mean, medical settlement, lost wages ( which are being flagged as 60 hour weeks being that overtime is required as it is in my job description as a welder) and pain and suffering, which he says will have to include both past suffering as well as future suffering. When i say settlement, I am refering to the pain and suffering portion of the suit that I am curious about. Once I settle it is over (they are free and clear from having to pay again) and the pain and suffering will have to be large enough to cover medical for future pain. Which is why I asked all my new friends (you guys) about what I am to expect.

    Another serious problem that I have started having is that i find it impossible to regulate my body tempurature, does anyone else have this problem? Is it due to the back or the pain meds. I am either to hot or to cold, I even went out and bought a digital thermostat to make sure it was me and I'll break out in a sweat when the house is at 70 so I turn it down to 68 and I'll have to get a blanket, and then I'll overheat again, its exhausting. Any input would be appreciated. Thanks again
  • I edited my last post 3 times so I hope you didn't overlook what I added, but as far as my temp, I have other people do basic test, back of the hand, lips to forehead test and I'm never to hot, but to be honest I don't know about to cold, the thermomiters batterys gave up the ghost so it hasn't worked since I first noticed it.
  • When it is cold outside I wear my motorcycle jacket, thick leather so its warm but its kinda hard to get on. We had had a snow a couple of days prior, well, it was a mixture of snow, sleet and ice, and I was walking down my stairs when i slipped. Since I was trying to get the jacket on my arms were stuck and I couldn't reach for anything and my back collided with every step and nothing else. Thats right, 250 pounds down 10 steps, all back. The reason I have started a suit is I was specificaly told not to put out ice melt since they did not want to repaint the stairs, and the condiminium removed all the snow and sleet, and left the ice on my metal stairs. If they would have left it alone I would not have fallen and had they let me put down my ice melt I would not have fallen. Now I am in serious pain and looking at a minimum of months out of work and back surgery. I even have a signed and dated affidavid from thr grounds keeper sayng that he did this. My attorney thinks I have a great case. So far I have another victim.a witness. and 2 owners claiming they have gross negligance from the condiminium, so I can see why he feels we have a solid case. Do you agree or do I just have hugh hopes?
  • i have just sent you a pm and i have just read your post on body temp.i too have the same thing! and there is another post with a sub section with body temp too.i think that its to do with pain and medication .i myself sit here with a 16inch pedestal pan on me virtually all the time because i sweat like mad ,its horrible. do you self a big favor listen to the advice you get on this web site .i have seen about a settlement ? we dont have that type of thing over here in the UK but i would advise you to make sure that you seek legal advice because you may need money to live for the rest of your life {if things dont work out too well!!like me!}.i made the mistake of letting my company {} look after my claim when i went off ill .i settled for far too little because i did not think that my condition would be a life long thing! i was only 30 and thought that i was going to go back to work and live for ever!..{like you do when you are young}.you are a young man and you will need loads of money please make sure that you dont sell you self short..i rely on my wife now for a good standard of living.as my settlement from the insurance company was only 4 thousand pounds!!!!!!!!! {i only thought that i would be off work for 3 months ..and like some one had said on this post you carnt claim twice.its a one shot thing..my brother in law got hit by an uninsured driver 3 years ago he is now disabled physically and mentally he spent 12 months in hospital 3 months in a coma and 6 months in rehab he is now at his new house .but like me he just sits in his recliner and watches his giant plasma TV.but in like me he had good legal advice .he stands to get around 4 million .not all in one go its for his care and rehab ..i am sure that he would rather be well and skint though!
    food for thought my friend take care pm me anytime
  • I know this may not be what you want to hear but here goes. I wouldn't even think of some monetary amount of money that you may get. Once you alter the spine it is never the same. I would worry most about your medical situation as the number one issue. There are risk to those surgeries, as someone who as well as huge law suits out, there is no amount of money that is ever going to make up for my life. I want you to also realize your attorney is working for the payoff at the end. Attorney's are not working to secure your future and well being. It is possible you may go to surgery and come out just fine with no further complications and be back to your normal busy life. But also be aware just the opposite could happen as well. Until you get past surgery, I would focus on your medical situation. The sad fact of the matter is they may low ball you and take the whole case to a jury trial. There is never a guarantee which way a jury will go. The only question I have is who is paying for the medical at the current time? If the condo association has been then they have accepted liability . Another thing that you may be thinking about is wether or not you have ever had any treatment for your back in way, even with a chiro. They will supeona your medical records as well, as it is standard practice. I'm glad you took the time to get the information that you have, but for now I would get the surgery you need to get to a point that you feel better. At that point you could decide what is a monetary award that you would be comfortable with. For myself there isn't enough money to pay for the pain I endure everyday and would rather have my medical needs taken care of . You may want to also look at the bi-laws of your condo association as to who is responsible for the steps? You may find that you are responsible. Usually when you buy a condo these bi-laws are given as part of the contract of purchase and you except the terms and agreements but purchasing the condo. So it may fall back on your home owner's insurance. The question is what is reasonable expectations of time and did they make a attempt to clean the steps as well. It may be that you accepted the risk of going out that day as well. Did you go for immediate medical help when you injured your back and did anyone see you fall at that time? Those are all factors that will come up in litigation and it will be years for that to go through the court system. Speedy trial means when the courts can get to it basically.

    As far as the body temp thing i would guess your having issues regulating body temp as the muscles spasm. They can cause trigger points and as the muscle bands tightens it tries to heat or cool down to protect the muscle and surrounding tissue. Just our bodies way to protect itself. But then I'm know doc so I can't say that for sure. As it could just be your medicine as well. Good luck and keep us posted.
  • dilaurodilauro ConnecticutPosts: 9,877

    Honestly, I am not sure what your post is trying to say. Most of the time, when we read about someone taking a fall, its all about the pain and what they need to go through.
    I am not saying that you are not in pain, but I get the feeling that whats on your mind right now is getting an attorney to make a claim.
    We are here to listen to physical problems, but we really cant do much about the legal system
    Ron DiLauro Spine-Health System Administrator
    I am not a medical professional. I comment on personal experiences
    You can email me at: rdilauro@veritashealth.com
  • I am a tenant in a large condiminium and it was the manager of the complex that told me not to put down the ice melt. The lease agreement that I have with the owner states that I am responcible for insurance on personal property in the unit, his agreement with the association states that he is required to have insurance to cover anything inside the walls of the unit, and that the associaition is liable for anything outside, including,stairs, sidewalks, and parking lots.

    As far as my pain that I am going through, I origianly posted that on the thread about "I'm 24 and don't know what to do" I think that was the name. The reason I began this is I am afraid that the value that they will offer will not be enough to cover future surgerys, and doctor visits. I have never had a prior injury to my back nor have I ever filed a lawsuit, in fact when I was injured previously at work, I stopped the workmans comp just so I could return to work. I have never collected from pain and suffering anywhere so please do not think that I am just one of those people that is just sue happy. I am just worried about the security of my family in the future.
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