Asked over 1 year ago - Houston, TXFlag
I was injured at a franchised fast food restaurant when I was hit on the head by a dispensor falling on my head in the bathroom giving me a concussion and laceration the adjuster stated i must be recovered before we negociate hard cost and pain and suffering is this correct ? Thanks
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You do not have to be fully recovered to negotiate with the insurance company. You should be aware that if you plan to do a negligence claim, there is a 2-year statute of limitations in Texas and you should consult an attorney as soon as possible to protect your rights. You should follow your doctor's medical advice and keep your attorney informed regarding the state of your health and recovery
Absolutely not. You can negotiate anytime you're comfortable. And if you come to need a lawyer, having too little time left will make it VERY hard for you to find a good one.
If they won't negotiate, then at least you'll know that before it is too late.
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Marc C. Lenahan
Lenahan Law, P.L.L.C.
2655 Villa Creek, Suite 204
Dallas, Texas 75235
Advisory Board Member,
National Crime Victims Bar Association
Brain Injury Association of Texas
Usually an insurance adjuster tries to talk a person into settling right away. This sounds fishy and maybe it's because you are approaching the statute of limitations and the adjuster is stringing you along so you'll miss it. However, if this is not the case and you have plenty of time left to file a lawsuit, you should wait until you know the full extent of your injuries before you settle so that you don't short-change yourself. Hire a good lawyer now. You will probably get more money (even with paying a lawyer a percentage of your case) than you could if you handled the case on your own.
Don't go it alone with a crafty insurance adjuster working for the folks who hurt you in the first place! Take some professional legal advice from a lawyer who will make a plan with you and explain the process for you.
Be sure that you actually know and understand the full nature of your physical injury before you make a decision to settle. A defendant wants a permanent settlement and their settlement documents will state as much. If your injury is nagging and lingering weeks after the event, be sure your properly diagnosed and that you get enough settlement proceeds to deal with any future complications ikely to occur in the future.
Often quick settlements result in long term damage and symptoms, being improperly diagnosed in a rush to conclude. Once the case is settled, there is no opportunity to go back and ask for more. Know what you are settling.
Depending on whether your medical was paid out of pocket, by medicare, health insurance or an ERISA plan, you may owe some of the proceeds you recover to repay those entities back from your settlement. Know what your net will be from the settlement. Often adjusters will put other parties on your check. Know your rights and obligations here.
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