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What is average pain and suffering if I am a passenger who hit another vehicle from behind?
I was a chaperone on a school feild trip and was in the front seat of the passenger side of a school bus. I was leaning on the edge of the seat resting my arms over the bar in front of me. The bus driver did not see a car stopped in front of her and was going about 25 or 30mph. I did see the stopped vehicle and braced as she tried to avoid a full hit. As she swerved, she hit the vehicle on the left (driver side) bumper with the right side of the bus front bumper.I was in the front row and was directly impacted and flew up and forward off the seat (i did not leave the isle). My phone smashed into three peices off the windsheild.
The Kingston Fire Dept. was on scene since we were in front of the station. It was a construction zone and the driver did not reduce her speed at all, which was in my statement. I went via ambulance to the E.R. with a shooting pain beginning on my kneck and shooting down to the right side of my spine to my lower back. X-Rays showed no breaks or spinal injury and I was diagnosed with back spasumsand soft tissue damaged. I was given a mustle relaxer and ordered to seek my PCP. I was offered pain meds but declined because I already have pain meds from a pre-existing condition. My PCP sent me to Physical therapy.
Here's the tricky part...I have a pre-existing medical condition due to years of complications from surgeries for breast cancer on the left breastand have been treated for mostly left side pain on my neck and shoulder. I have heart disease and lung disease and had difficulty breathing and unable to do all the excersizes at p.t. Although I am still in pain, the p.t.doctor said my pre-existing was inabling me to have successful treatment due to that fact breathing was difficult and making appointments were difficult.
I was sick and even hospitalized during this time for my breathing/lung condition. She thought I was at my full potential even though no improvement has been sighted. My PCP agrees with us and beleives more PT will only exasperate my heart and lungs. It is now time for Pain and Suffering. Medical bills are paid up to $2,000. I can no longer sit for more that 15 mins at a time, go for walks, play golf, clean the house with out frequent breaks,cook or stand for long periods.
My already limmited activity has diminished to almost nothing. I am being treated for depression and my medical health is a big part of my therapy. My doctor knows I will always be stuck in my added pain but feels any treatment will not be productive and possibly cause more distress to my body. I would rather not see a lawyer, is this case too difficult to determine an amount on my own?
Well, yes, it is very hard to put a number on your injury without looking at your medical records. The pre-existing condition makes things even harder. I know you said that you would rather not talk to an attorney, but they usually give you a first free consult, you should take advantage of that (at the very list).
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