Update from.....Izzy

[Izzy_*now*]

Thanks lighter and Hops,

As you can see now, April the 15th is less than a month away.

The tension headaches began about January 19th. I had no idea what they were, other than headaches. nothing helped, then we determined and after a very "bruising" massage, from my shoulder blades to the base of my skull, I had relief for the first in 2 months, as they kept worsening.

Defence submitted a report, February 26, 2013, from an Occupational Therapist who never saw/tested me and it was 19 pages of "doo-doo". My lawyer took a vacation to Mexico, is just back and he will be going over everything. I typed a point by point rebuttal of what the OT said, and reached 15 pages. HER report is that nasty one that one could expect from the Defense, but she will have egg all over her face, and for medical details, to be correct, I consulted Karla.

i.e she took a couple of remarks from my Dr.'s file ( having trouble maneuvering her wheelchair", and "is considering an electric chair") and tried to throw "weakness before the 2009 accident" into the fray. The issue, with invoices for proof are one invoice for a new wheelchair, that was not constructed properly , and "the thought crosses my mind" about an electric one".

The woman delivered the new chair in 2006, put the foot plates on the wrong sides, which made them upside down, the back posts were too tall so my upper arm, back hit the post and I couldn't get good propulsion going and the final goodie was a 1" dump, finally installed by another Co. in July, 2008. (Invoice #2) (The back of the seat must be 1" lower than the front or the sitter will feel like she is pitching forward. installing that required more adjustments.

When my lawyer called before his refreshing vacation, he asked that I "take him by the hand and lead him gently through the ins and outs of all her errors". Well he has my rebuttal now and we have an appointment to consult on March 28.

I see quite clearly that I am not entirely aware of what emotion I am feeling, but now that I have the tremors, and they appear for "no reason", there is a reason. It's an emotion I am having but don't know it. Just like the tension headaches. I didn't know I was that tense until I ruled out tumors and brainless.

Still hanging in,
Love
Izzy

[Hopalong]

So awed by your determination and stamina, Izz.

You ARE going to make it through this and you ARE going to achieve a settlement that will ease the entire rest of your life.

You have done an amazing job of rationally and persistently and doggedly and documentarily advocating for yourself, and it is going to make a huge difference.

I was just admiring my April 15--Izzy date, on my Google calendar the other day.

I'm very sorry for all the tension, breathe through it as much as you can, and know that when you have to stop the fight, it will only be because you have done everything you possible could.

And then, it really will be okay, to "release the outcome."

All will be well.

love,
Hops

[lighter]

I'm hoping your attorney is a seasoned trial attorney, and knows how to command his audience.  I have to say that I get lost in details every time you list everything out, and I understand it's all important.  Providing context and driving the big points home is key, as I'm sure your attorney knows.

Having all those details at your fingertips is HUGE, and I'm certain you've done a very good job with that, thank goodness, but humans have a short attention spans..... must remember to avoid getting stuck in rabbit holes, kwim?

I forget.... is this a bench trial, or a jury trial?

Does your attorney know anything about the presiding Judge?  Has he gone over past trials to see how this Judge's mind works?  Is he pro insurance company?  Is he fair, or grossly in need of being educated on the law?  Your attorney should be preparing this trial for the particular Judge he's pulled, IME.  Some Judge's are better than others, and I'm hoping you got a fair one.

How does your attorney think your case is going to go?

I'm hoping for the best possible outcome for you, dear Izz.

Lighter

[Izzy_*now*]

Thank you Hops

---for your kind words and wishes. This is a week since I posted and the headaches have taken this long to disappear. My lawyer has cautioned everyone to 'not upset me/cause me stress--just tell me what I need to now but I get it anyway, through Karla.  I am surviving.

I have my own amount in mind whatever the lawyer says when I will say, "Ok. Enough is enough! I am not greedy.....but I do know I likely could end up in an Intermediate or Full Care home.

Although if Karla has her way, I will stay here and she will be my companion, details to be dealt with upon that happening.

March 27, 2013 was 4 years. Hard to believe.

Hi Lighter

Defense has upped for the 8th time. Offer rejected. Paul says that we've "got them on the run". I hope so. He is anti-ICBC. The only cases he takes are those who are suing the Provincial Insurance Company.

He asked me for written statements to qualify what he can "let out the gate" when necessary. One Endocrinologist said I would be dead by 80 because of my heavy smoking and all my " bed sores".  I never once had a bed sore!! I quit smoking 2 years 4 months ago. (My lawyer had me hand in a complete history of my smoking,  and which page in hospital reports said that I had a couple of abrasions on my butt from when I landed after the car hit me.)

This is a bench trial and I have yet to ask my lawyer if he knows yet which judge we will get. Meanwhile his rebuttals and refusals/everything have further tidbits that "appears like he knew me from birth" and tosses them into a reply when necessary. He still expects a out of court Settlement as ICBC will have to pay ALL the court costs as well as my Taxable Expenses, Costs and Disbursements.

Nevertheless the witnesses will be briefed and Karla's day is Tuesday.

I'm still a "Calm as a Cuke", but I don't know what is going on inside. This could explain my entire life. It explains the tension headaches when Paul went on Vacation and explains the psychogenic tremors at the accident scene.  And now that I know the tremors are in my head, when I talk about something emotional, like cutting open my leg 3 times and throwing pieces into the garbage, the shakes start. (I’ll be on the stand shaking from start to finish, from the time he asks me when I was born!

Btw, Paul has a helper, Andrew, to read everything and to voice his opinion and I can see Paul doing his best.

Love to both

Izzy

[Twoapenny]

Fingers crossed, Izzy, I hope you are posting good news about this soon and enjoying the fruits of what seems to have been a very long battle!  Hope everything works out the way you want it to, it seems to sound quite promising? xx

[Izzy_*now*]

Thank you twoapenny,

I appreciate your good wishes. I ask only for "just compensation" and should anything go wrong, I will forever, never, believe in Justice.

2 weeks. The end is nigh!
xx
Iz

[lighter]

I'm sorry, Izz.....

did you write IBC will have to pay all your attorney/court fees?  All your expenses?  To do with fighting this suit?

That you won't have to fight to have those costs considered by the court?

It certainly makes it more likely they'll settle.

I'm very glad you believe in your attorney, and think he's doing a good job. 

Good luck!

Lighter

[Izzy_*now*]

Highlight__ER

Not my attorney's fees. He takes one-third of the settlement amount---yet on top of that are the Taxable Expenses, Costs and Disbursements which are paid by ICBC, as well as the Court Costs.

I really hope the Judge has a better idea of what life is like for a partial paraplegic. I sense that the Specialists that ICBC hired, except for one, the Physiatrist, are just not familiar with the situation.

But I will grant you that my lawyer (needed to) has been learning plenty about anatomy, and when it's been interfered with, in comparison to a regular healthy body. When he asks for a report from me on something (i.e. the "history of my smoking") I throw in a few tidbits, believing them to be of relevance, and sure enough, sometimes one or two of them show up when he's "hitting back" in a response to ICBC lawyer.

I've had tension headaches building, but Karla's massages have helped. I will have pain for life, sleep disturbances, tremors, a useless leg 1½" shorter than the other that really throws off my balance, i.e., the femoral head that was thrown away is normally attached to the hip. With no hip I require a special w/c cushion. but in bed if I lie on my left (no hip) side I feel like a "weeble-wobble but it won't fall down". I just "roll" out of position, so have to prop myself in pace with a pillow---have 4 on the go, in bed with me. All that and more cannot be disproven by Defense.

The main issue is Future Care. I want Karla and therapy indefinitely, or I atrophy/contract, the pain will worsen without stretches. and there is no way I can move around on my own as I used to before the 2009 accident.

Lawyer plans on a video---it would show some difficulty putting the chair into the car, getting through the laundry room door etc. trying to stand at the counter for leg stretches (with Karla on hand.)  I believe, as he does, that to see me just sitting in the chair does not tell the whole story.

I sure will be glad when it's done signed sealed, delivered and the money is in the bank. .................and I have made a good forever friend in Karla. That is sure a bonus!

Love
Iz

[lighter]

Highlight__ER


I really hope the Judge has a better idea of what life is like for a partial paraplegic. I sense that the Specialists that ICBC hired, except for one, the Physiatrist, are just not familiar with the situation.


Lawyer plans on a video---it would show some difficulty putting the chair into the car, getting through the laundry room door etc. trying to stand at the counter for leg stretches (with Karla on hand.)  I believe, as he does, that to see me just sitting in the chair does not tell the whole story.


Love
Iz

A pictures worth a thousand words, Izzy.  I can imagine a short video that includes an entire day's ablutions.... perhaps with you explaining what life was life before the last accident.  I'd include a short clip of the spot you were struck down, and speak about exactly how that went for you..... the part where you were put into a narrow chair bc they took your chair, and the bone not healing, and gtting lopped off and thrown into the garbage while the doctor marginalized you...... maybe a paragraph?

Not sure, but you'll do a very good job I'm sure.

Again, good luck.

Lighter

[Izzy_*now*]

I thank my responders for whatever has been said, and I am thankful this is "almost" over. (There is still paperwork and a $ figure)

That is not the point, as if we really look at the picture, money is far beneath one's health.

I am still left with:
• pain, hard pain and burning pain which some nights keep me in a suspended stated of sleep and pain, for all night.
• tremors
• nightmares, which can "shoot the next day all to hell", or maybe just ½ of it
• nothing regarding my gnashing /damaged teeth, as 5 dentists saw nothing. I feel a misaligned jaw that could run a pain up my neck into a headache.***
• nothing regarding an MRI on the "pulled nerve in my upper back
• my person has changed, so that I live 2 ways. One was the old way and then there is a moaning , whining, "there's no end to it", b*tch.
• I have no interests, am bored, nothing to do, but am "trying very hard to click into something".
• the latter is because my life led me in every direction to have things to do, in my spare time, and I have done them all.
• The settlement covers all future care and the way I SAW it, and SEE it, differ upon settlement. i.e. if I live 13 more years, I pay $117,000 on therapy, or not. If not, I live those 13 years in atrophy, pain,contraction, full-time care of a ball of bone that isn't even me. If not, I kill myself, and allow those I know who are needy to put an inheritance to good use.
• other monies could mean the same or different things to the latter.
• as I've said, almost from day 1, my FOO is not worth being caregivers, as they were the ones who "wrecked my person" in the first place, as a little girl.
• I no longer believe in a "just" Godl
• I could have dragged this further to Court, next Monday, 15th, and been awarded, perhaps $1.00 less, than ICBC  had offered and ended up paying expenses for both sides.
• I already had spent 3 months with tension headaches, that disappeared the moment I told my lawyer to settle.
• My lawyer said I did the right thing, but wouldn't he anyway?
• From last Friday to noon today, I just spent my time in bed. I feel so lost!
• No therapist can fix that!
• It wasn't money, it was the claim and interaction with other people that kept me going through the hardest. What a waste of space and time for 74 years, as I have never really been happy.

Oh how much I wish all the best for you on here. I really do!
My very Best!

Izzy ♥

[Twoapenny]

Hi Izzy,

I'm not sure if I'm reading your post right but if I am (and you've reached a settlement) then I think good for you.  I am waiting to hear about compensation for my son at the moment; if they make an offer - assuming it's not ridiculously low - then I'd take it rather than face years of battling through court processes.

I'm sorry there's no way to take away the pain and the physical problems.  Living with constant pain is incredibly difficult and I think you've done amazingly to cope with that and the court case, along with the family stuff along the way.  Life does seem unfair and unjust sometimes.  I don't know why that is.  I wish I did!  But whatever happens now, I hope that life becomes as comfortable as it can be for you now.  Lots of love xx

[Hopalong]

Oh, (((((((((((((Izz))))))))))))))).

Heartfelt wishes back, for some happiness, even in moments, that makes it all one day feel worth it.
I can so understand why you're feeling PSTD (post-settlement trauma disorder).

Except that I was a little confused too, since it sounded as though you already HAVE your settlement.

More white light pounding your way...also, did you mean you're NOT in court on the 15th?

love to you,
Hops

[Izzy_*now*]

hi twoapenny,

It took about 6 days to move a bit out of my shock zone....though just baby steps. I still know nothing, and don't know what to do.

Reaching a settlement was the only way out of the tension and stress. Court would have done me in, after 4 years. I just cannot understand why the Insurance company took over 4 years to make a decent offer. I am almost in the same condition as when I was insulted with an offer of $75,000 (1/3rd for my lawyer = $25,000 and $50,000 for me.) I told my lawyer that it was an outright insult for the damage that had been done.

Thus passed by 4 years and 7 more offers, each getting higher.

We spent those years itemizing every expense, categorizing it, ....but I knew that no matter what settlement was reached I was still going to be in bad condition, for doing anything useful. ....and sure enough it hit me like a baseball bat to the skull, so I was obviously not prepared for the let-down.

The Insurance Company has not categorized, so I have no idea on amounts of 2 cheques, coming....then I sign a Waiver and it's over. No Court!.

This all for you too Hops, as yes. I agreed to settle, but now there is a mess of paperwork for the lawyer's office and the Insurance company to agree on which parts are refundable--- The Assistant telephoned me about an entry, and after that was explained, I asked if I were being refunded for all of my therapy expenses paid to Karla. she said, "No!'. I blew my stack---the first in 4 year-- she ran for her life to get my lawyer and he assured me "Yes!"  while also stating that he is the only one in the Office who knows anything! That disillusions me!

I was given permission, back in 2010 to put groceries on delivery, 3 x only @ $9.50 . When the first time came it was $11.00, then the second and I sent the receipts for a refund. None came, (neither for about 5 others included). I explained to Julie and said I would send the agreement, which I found in about 15 minutes, and still haven’t heard back….agreed upon before I blasted forth--- poor wee underpaid thing!

Thank you two
Xx
Izzy

[lighter]

Izz:

I'm sorry.... I don't understand what happened.

You settled. 

Took a deal, but.....

what does it cover?

What did you get.... is it what you were asking for, or close?

You get Karla for the duration, right?



Lighter

[Hopalong]

But we don't need actual numbers, Izz!

hugs
Hops