Unless you have been in an accident before and are familiar with the process or are a personal injury attorney, you may not know what to do following a car accident. You have several options in front of you in how you receive compensation for your injuries. Should you go to trial or attempt to settle with the other side? How do you know which option is the right one for you? What do you do if the insurance company is offering you a settlement?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Are Your Medical Injuries Known?
Many medical injuries do not fully manifest themselves until some time has passed after the accident. Soft tissue injuries often get worse in the weeks and months after your accident. You may not fully understand the extent to which you have been injured. It is for this reason that you should not feel pressured to settle as soon as possible. Make sure you are fully checked-out by a medical professional. If you need extensive treatment or physical therapy, try to get through your treatment to the point where it is known how much the costs will be before you settle. The last thing you want to do is get a settlement only to find out later that your treatment costs much more than what you agreed to accept. Make sure you are fully covered first.
Does It Cover Everything You Need?
Damages include a lot of things. A settlement could pay for your property damages in addition to your medical claims. You could also receive compensation for lost wages if you were forced to be out of work for any extended period of time. You could also receive compensation for any emotional pain and suffering you experienced. Carefully review the settlement they are offering you and make sure that it covers all of your injuries or damages. Do not just look at the final monetary figure but break it down into different categories and make sure you are fully compensated. If you feel you are not, give them a counter-offer.
Second Opinion
Not everyone knows what they are looking at when it comes to a settlement offer. There is no shame in seeking a second opinion by contacting a personal injury attorney. This individual is a professional who is experienced in personal injury cases and working with insurance companies. Most attorneys will offer a free consultation to discuss your case. If you are at the point where you already have the settlement offer in hand, bring that with you and have the attorney review the document after speaking with you to ensure that you are getting a fair offer. The attorney will also be able to advise you on whether you have a good case for trial or whether you need to submit a counter-offer. He or she may also be able to assist you in preparing this counter-offer for a small fee.
Do Not Feel Pressured
You do not need to accept the first offer just because it is being offered to you. This is a negotiation process, and you are entitled to go back with a counter-offer if you feel you deserved more. Also, do not let the insurance company push you into accepting an offer quickly. Each state has its own statute of limitations which gives you a window of time in which you need to finalize your case. Most states have a statute of limitations of two years from the date of accident but others have more. The insurance company wants to close your case as quickly as possible for their own benefit, not yours. If you feel pressured at all, that is the time you need to speak to a personal injury attorney. He or she can at least take over the settlement negotiations so that you do not have to feel the pressure from the insurance adjusters.
Contact an Attorney Today
If you have been in a car accident and you are not sure whether you should accept the settlement, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
