DUI Laws

Victim’s Statement

I wrote a statement for the court at their request in June of last year. I was told that this “victim’s statement” would be utilized in the sentencing on the driver who struck me. I did not read the statement one time after preparing it. The word file has been sitting on my Macbook this whole time collecting digital dust. I pulled it off the shelf to read yesterday. A lot has changed. A lot is the same.

Below is the text from the word file used to prepare the statement for the court:

Victim Statement

Completed by:  Matthew Magnuson

Case No.:  18DUI3

The car accident was on January 3.  I was able to walk away from the accident without a major injury.  I experienced headaches on January 4th and 5th, which led to an appointment with my primary care physician.  Dr. Yang diagnosed my condition as a mild concussion. I began to experience extreme back and neck pain on January 7.  I made an appointment to have my chiropractor examine me on January 12 as the pain was not subsiding.  My chiropractor put me on a 10-week treatment plan that involved 2-3 visits per week and included IFC therapy, traction therapy and a spinal adjustment.  After 12 weeks, the pain had not subsided and my chiropractor concluded that my improvement had stalled since an evaluation after 5 weeks of treatment.  He sent to receive an MRI which indicated my condition was worse than originally diagnosed.  My chiropractor recommend that I continue with the current treatment plan with an addition of decompression therapy on both my neck and back.  I started that treatment on 4/26.  I also visited an Orthopedic for a second opinion.  He stated that my current treatment is suitable, but as an alternative, I could try physical therapy or epidural shots.  I elected to continue my current treatment plan as the timeline for physical therapy was similar to my new chiropractic plan.  I declined the epidural shot due to possible side effects.  My condition is slowly improving, but I am in daily pain 156 days later.  Since the accident, I have not been able to exercise the way I did before the accident.  I worked out all 365 days in 2017, including 162 workouts at Orange Theory Fitness and totaled 1467 miles running.  I have not returned to the gym.  I have visited a doctor’s office 52 times since the accident.  My current chiropractor visits take 2 hours and 15 minutes each.  I’ve had to stay at work later in the evening or take work home much more often than normal to make up for time missed at appointments.  I have gained 10 pounds since the accident.  I could no go skiing on a planned family vacation to Colorado in March.  I have not been able to mow the lawn this year.  I have not been able to carry my 6 year-old to bed without experiencing excruciating pain.  I have not been able to compete in any local races that I planned to participate in.  If you Google my name, you’ll find race results for several marathons, half-marathons, 10Ks and 5Ks on a regular basis since 2012.  I have not been able to participate in any events scheduled for 2018.  I have been extremely moody and temperamental.  I’ve had problems managing my anger, which unfortunately has been taken out on my family and employees much too often.  I have not had a normal work/life balance as evenings and weekends have been occupied catching up with work.  I have put off many projects around the house as I feel pain when I bend over and have difficulty lifting anything weighing more than 15 pounds.  I’ve had to pass on activities with my daughter because I know it will cause pain and/or aggravate a part of my body.  I’ve had a hard time staying mentally focused and falling asleep.  My wife has often thought I am depressed.  I have paid out of pocket for Cryotherapy to help with pain management.   I’ve also paid for massages and spend several hours in a hot tub each week to help me feel more comfortable and relaxed.  I am beginning to feel much better.  The pain has subsided quite a bit; however, I have to avoid basic day-to-day activities and exercising as it causes increased pain.