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Hello I recently submitted a settlement request letter to the insurance claim adjuster for a bodily injury claim,

San Bernardino, CA |

Hello I recently submitted a settlement request letter to the insurance claim adjuster for a bodily injury claim, per there request. What happens next. The incident occurred 1/29/2013. The insurance company requested a letter to indicate the amount I was requesting for damages. I submitted that letter on 3/28/2013. What happens now. They have stated they received my letter and are working to get the issue resolved. IS there something I else I should do or is it just a waiting game?

If they deny the claim can I still sue? Can I file a small claims suit or anything?

Attorney Answers 13

Posted

I'm sorry you were injured but before you settle your case, consult with an attorney to make certain that you are getting a fair settlement - if one is offered to you.

The insurance company representative may be busy but they also may not agree with your settlement demands. I suggest you make a follow up call.

Good luck.

This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

Posted

You will get a response from them in a week or two with a counter offer no doubt. It will be a fraction of your demand. If you were injured, I would consider consulting an attorney to discuss the demand you made and your injuries. Many of us provide free consultations. Good luck.

This communication offers general information based on the very limited information provided, and does not constitute the giving of legal advice, nor does it establish an attorney-client relationship.

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Posted

Thank you for responding. How would I go about getting a consult with you?

Posted

Not much else you can do at this point since you choose to handle this without the assistance of an experienced personal injury attorney. Hopefully your injuries; any wage loss etc and all related damages were very minor; and that you did not fail to include any potential future medical & disability expenses and pain & suffering. Unless you made too low of a demand it is my educated guess they will not meet your demand. However, I hope I am wrong - I wish you good luck

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

Posted

I've been posting (sometimes cutting and pasting as I really couldn’t say what I said better myself) my biased opinions and comments here and there on the Internet and Avvo for a while now (since Al Gore invented online attorney forums, I believe), and every time I see a post about a person doing battle all by his or her non-lawyer self against an insurance company, I keep thinking the post might as well read something like, “my sister-in-law wants that disc in her neck fixed, something about the nerves being pinched. Anyway, she takes mother’s little helpers by the handful for the pain and it makes driving the steam plow in a straight line pretty tough. So, what I need to know is where I can obtain some cheap surgical tools… only need them once, so I don’t need the Snap On quality type.”

No one who has suffered personal injury should handle personal injury cases. No one but a neurosurgeon should do brain surgery, even if one’s sister-in-law looks like a schnauzer in a sun dress.

A good personal injury attorney should not only understand the law applying to the claim/lawsuit but fully understand the medical damages associated with the injury. Trauma can affect many body parts, vary in severity, vary in long term complications and sequelae. To better one’s chances for a full and fair recovery, one must have an attorney who knows what to ask for from the defendant – compensation for all bodily harms and future medical care that will be needed.

We personal injury lawyers offer free consultations. We handle cases on a contingent basis. We actually love the game, the battling, the negotiations, the tactics, etc. An injured person should just worry about getting better.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

Paul J Molinaro

Paul J Molinaro

Posted

The overall value of a case should be worth the cost of getting a lawyer involved - lawyers get a percentage, court fees add to the costs, discovery fees (depositions, experts, etc.) increase costs, and there has to be enough left for the client IF he or she wins. Should a case involve a small amount of money, but otherwise be a "good" case, small claims court is there to provide a forum. - Paul Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen & Molinaro, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 www.fransenandmolinaro.com / www.888MDJDLAW.com "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Posted

Unfortunately, sometimes it can take a while to get a response from an insurance company. There's nothing that prevents you from calling or e-mailing the adjuster to follow up on the status of your claim. Given the workload adjusters are burdened with nowadays, sometimes it pays to be the squeaky wheel. In the meantime, if you are still treating for your injuries, you should continue to do so.

Of course, if you feel that you are getting the "runaround" from the insurance company, or are unsatisfied with their response, you should consider hiring a competent attorney in your jurisdiction with whom you feel comfortable. Insurance companies love people that file their own claim without a lawyer.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

John Ksajikian

John Ksajikian

Posted

Sorry to hear that. It sounds like you've done plenty already to search for an attorney. Unfortunately, not all cases warrant the cost and resources of litigation. A good attorney will tell you what you need to hear as opposed to what you want to hear. Best of luck to you in your claim.

Posted

I agree that you need a lawyer. Not just to make sure the settlement is fair but to make sure any release you sign doesn't prevent you from pursuing other insurance policies with exposure for liability, including your own uninsured motorist coverage.

Answering questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

Posted

When you try to resolve an injury case without a lawyer, you will either get #1. no money or #2. a tiny nuisance settlement. Be smart and retain a lawyer.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

Posted

What happens next is that you will very likely receive what is called a "lowball" from the insurance company. See paragraph # 4 of the attached blog article on the insurance claims handling process. I wish you the best. [Click Blue Link Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

Posted

I believe that you have gotten some very good advice from my colleagues. Should you wish to discuss your claim with me, I would be agreeable to providing you with a free consultation as most of the others in the California area would be willing to do. Good luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

Albert Lee Crosner

Albert Lee Crosner

Posted

Please contact me.

Posted

Please contact an attorney before the insurance company tricks you and takes advantage of you by likely settling your claims for far less than what you need to be compensated. Also, this answer depends on your injuries, are they minor, are they major, are they permanent??? What have the doctors said? You've probably already given a recorded statement which will be used against you. If you contact us, we give free consults, or contact someone else!!!

This answer does not create an attorney-client relationship between Jassim & Associates or any of its attorneys. We are not your attorney unless we both sign a written contract that describes our relationship and terms, the scope of our representation, and terms of payment for representation. Any information provided to you here should not be construed as legal advice, and an in detail review of the facts of your matter would likely affect any information provided. There could be deadlines to act in any case, after which your legal rights could be lost forever. You should contact an attorney licensed in your state immediately to be sure your rights are protected.

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Posted

Thank you for responding. I did attempt to find an attorney however I was told just about 8 times in a row during free consults that my case was"too minimal" my burn did cause enough damge to require medical attention, loss of work and medications and medical copayments - but all of them told me that because it was not second degree burn they could not take my case.

Posted

Per Section 790.03 of the Insurance Code, the carrier has to promptly and fairly evaluate your claim and make a reasonable settlement offer in a reasonable period of time. This means that once you have submitted copies of all medical bills, records, verification of loss of earnings and other documents to support your claim for medical, earnings, pain and suffering and property damage, if any, they will review and confirm, then call you with an offer, or a counter to your demand. Unless you have a small case (less than 10k) you probably should consult (free) with an attorney, to discuss your case. Remember, all such cases have deadlines in which to file suit. Sometimes these are very short, and require specific claims for damages, depending on the type of defendant.

The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.

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Posted

Thamk you responding. I was unsucessful in finding an attorney to take the case becuase although I suffered an injury requiring medical attention - I was told no one would take my case because my burn was not second degree or higher.

Posted

most likely what happens next is the insurance company will toss you a pittance offer to deflate you. Then they will likely begin their stall and delay tactics to see if you will get frustrated and drop it. You'll get worried about the bills piling up, so you won't get the care you need out of fear of the cost. That in turn will create gaps in your medical care creating a whole new argument for them to make to devalue your claim. You won't realize that you don't get to tell the jury the gaps are there because the insurance adjuster wouldn't return your calls or help you and you will continue to harm your own case.

Well, either that will likely be next, or you will wake up and call a lawyer.

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Posted

Perhaps you should have spoken with an attorney. Settling a bodily injury claim within 90 days of the incident is not something I would recommend. Have you reached maximum medical improvement? Do you have a permanent, lifelong impairment? Will you need future medical care? These issues are difficult to determine until you have reached a medical end point, which, with personal injuries from an auto collision, generally is not 90 days. Chances are the insurance company will attempt to take advantage of your inexperience in negotiating such settlements.

Normally I would recommend:You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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