Are you attempting to get an auto accident settlement? We are going to look at 3 things you need to think about when settling from an accident in this article.

No matter where you come from or who you are if you have been harmed in an accident you should get what you deserve. The auto accident settlement that you have coming is what you should get. Just because you have been a victim of a inattentive driver or if some other accident has caused you to become harmed.

Let us now chat about 3 things you need to think about when settling from an accident.

Number 1 - Was It Really The Other Person’s liability?

If you have already been told by the investigation that it was the other person’s fault then you do not need to think on this but if you haven’t you may want to consider this. Even if they say that it was not the other person’s responsibility and you do not agree then you may consider having it investigated again.

Number 2 - Do You Need A Lawyer?

Once you know that it was the other person’s responsibility they may try to settle with you. They might offer you some fast cash. You might think that the option of quick cash sounds great but seriously, think about it a little bit longer… would you rather have a fast money payment and then it be done with or would you rather get what you really have coming since you went through so much hurting and misery?

Number 3 - How Much Do You Deserve?

That takes us to the next query, how much do you warrant to obtain from the auto accident settlement? There are various factors that may decide this and you may need a attorney to help you decide on what to do.

By: Jessica L Lawson

About the Author:

Copyright Lawyer

ght (c) 2009 Benjamin Glass

“I want to rescind my settlement…”

We recently spoke to a gentleman who had settled his personal injury case six months ago. He had been injured in an accident where the other party was clearly at fault. He was contacted early on by the other person’s insurance company.

This man had incurred about $20,000 in medical bills, most all of which have been paid by his health insurance plan from his employer. The man told me that he did not want to pay an attorney a fee because his case was “simple” and he thought he could save the attorney fee. The insurance adjuster even said some things along these lines during discussions.

The insurance adjuster asked him how much his out of pocket medical expenses were and he told them that they were pretty low since his insurance company had paid the bills. The injury victim went on to the Internet and thought that he found some “formula” for settling his case by himself. Looking at his out-of-pocket expenses and his lost wages he settled his case for around $30,000.

Now he wanted to rescind his settlement. Since he did not use an attorney he was not aware that his employer’s health insurance company might seek to be repaid the medical bills that it paid. Yes, there it was, right in his contract. Of course the adjuster from the car insurance company did not mention this to him nor did they have a duty to. The adjuster did not misrepresent anything but didn’t volunteer anything anyway. The victim had to repay his health insurance company nearly $20,000, wiping out the great bulk of his settlement.

Unfortunately there was nothing that we could do for him. He had signed an “full and final release” acknowledging that he had not relied on the insurance adjuster for any legal advice.

Consumers should not be afraid to speak to an experienced personal injury attorney in their area.you wouldn’t think of taking out your own appendix, would you? Most personal injury attorneys will consult with you without charge on an initial basis. And many offer websites filled with useful information. Some have authored books to help consumers understand their rights.

An insurance adjuster is generally under no duty to give you legal advice. They typically are prohibited from misleading you but this can be very hard to prove. In most cases they are simply trying to close the claim and their duty is to their customer, not to you.

By: Benjamin Glass

About the Author:

Loan consolidation

The following is an expert answer given by Florida Auto Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question:

One month ago, in my vacation time, somebody hit my car from rear. The car was called total loss and I got paid for that. There was a little pain in my back for a few days. I needed to go overseas so I did not seek medical examination and treatment. While overseas, I got a medical examination (x-ray and MRI), the results were all OK and I paid only a very small percent of the actual fees.

When I got back, the insurance company contacted me and offered $300 for settlement. In the pain and suffering perspective, I am OK with the offer. But, although I was out from my company with a paid leave, I have losttime from my holiday time due to time spent in and after accident (medical examination, buying a new car etc). The insurance company’s adjuster told me that, as I was on vacation, they are not going to compensate that.

It does not sound meaningful to me so I wanted to take advice from an expert.

Thank you.

Answer:

I am an attorney in Florida, so I can only speak about what type damages you can recover in a Florida car accident.  If you were injured in a Florida car accident, you can recover damages for medical bills, lost wages, and pain and suffering, and any other out of pocket expenses incurred as a result of the accident. Based upon an impact which totaled your car, an offer of $300 is very low, however their offer is going to be based upon whatever injuries you suffered and the amount of medical care you have received.

Your email states that you have lost holiday time due to time spent from the accident.  If you accrue that time, and can be paid whatever time you have accrued if you were to leave the company, then that is an out of pocket expense that you have incurred and the insurance company should have to reimburse you.  If the time you are referring to is just your vacation time, and you would have been taking that time regardless of the accident, then the insurance company is probably not responsible for paying you for that time.  It sounds like the insurance adjustor may be confusing the vacation time being used when the accident occurred, with time spent after you returned from vacation for medical visits and buying a new car.

As for pain and suffering from a Florida car accident, Florida Statute section 627.737 states that “a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:

(a)  Significant and permanent loss of an important bodily function.

(b)  Permanent injury within a reasonable degree of medical probability,

other than scarring or disfigurement.

(c)  Significant and permanent scarring or disfigurement.”

The value of your claim depends on a combination of factors such as any lost wages you may have suffered or may suffer in the future, money paid for medical bills, bills that remain outstanding, or medical bills you may have in the future, and pain and suffering, past and future.  So, if you only received a small amount of medical care, I am guessing that there has not been a doctor that has stated you suffered a permanent injury as a result of the accident.  Without that type of medical opinion, you are not entitled to recover damages for pain and suffering.  This is most likely the main reason the adjustor is offering such a low amount.

Your state may have different laws, so it is important to check with an attorney specializing in auto accident claims in your area if you intend to pursue the claim further.  My suggestion would be that if you are still experiencing any problems from the injuries, and want to get more medical care, do not settle the case for $300.  Settling at this point would require you signing a General Release which would bar any claims down the road in the event your injures did not go away on their own.  But, if you are going to get more medical care, you should do so now; don’t wait.

If you are in Florida, I would be happy to discuss your claim further.  Most car accident personal injury lawyers will meet with you for a free consultation before you decide to hire a lawyer.  If you are out of Florida, you should definitely try to speak with an experienced car accident personal injury lawyer before you settle your claim.

Good Luck.

For more answers to questions about a Florida car accident, contact the Florida auto accident lawyers at Joseph M. Maus, P.A.at 1-866-556-5529 or email them today.

By: Joseph M. Maus

About the Author:

How to Pick an Attorney/Lawyer