How does personal injuries settle?

Asked over 1 year ago - Columbus, OH

I got rear ended ending up to be a three car accident. The third vehicle hit the both of us. How long does it take for this settles? The guys insurance is farmers

Attorney answers (8)

  1. Jann Collette Washington

    Contributor Level 11

    19

    Lawyers agree

    Answered . I agree with my colleagues in everything they said and would add that you should sincerely consider seeking the representation of a qualified personal injury representative to maximize your claim. A personal injury attorney will know what to look for and how determine the value of the case, along with dealing with subrogation issues. Often times your health insurance carrier will demand repayment from any settlement of funds expended by the insurance company for your injuries. If this isn't negotiated during the time of your settlement, you may be burned later by getting a bill from the health insurance company after the settlement has been exhausted. I urge you to get representation.

  2. Robert Bruce Kopelson

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . Cant predict, too many variables. Depends upon the number of people making claims, the amount claimed, the amount of coverage, nature and extent of injuries and time it takes to recover, whether there are any liability issues, how long it takes your providers to produce records/bills, etc.

  3. Carmine John Giardino

    Contributor Level 14

    19

    Lawyers agree

    Answered . Representing yourself without any previous legal background or knowledge can prove to be a challenge in some cases. It may not be possible to learn every law or detail. Often times the more complex a case is, the more legal knowledge a person needs in order to be successful. A lack of time, resources, and knowledge can be negative points of self-representation. It's better to hire a lawyer to handle this. There are a lot of excellent lawyers in your city.

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  4. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . The accident will settle after all parties file their claims. There is a lot of work involved in a three car accident and if you do not have a lawyer, you end up with a small settlement check. I suggest you hire a lawyer. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  5. Timothy Leo Bowden

    Contributor Level 14

    12

    Lawyers agree

    Answered . the attorney you retain will advise you as to this. contact one asap who contributes here. locally

  6. Mark John Caruso

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . So often I am asked this question..."What medical expenses can I get from the insurance company now that we know the collision wasn't my fault?" This is really an easy question to answer, because state law dictates what you are entitled to. However, just because you might be claiming a medical expense doesn't mean that you automatically get the money for those medical expenses. It is still up to you and your attorney to provide the insurance company with the facts and evidence to prove the damage.


    Under the law of the state of New Mexico and most other states, medical expenses must be reasonable, necessary and a direct result of the injuries sustained in the collision.

    The medical expenses must be reasonable in price compared to charges made by othere health care providers in the same community. This can be easily proven, and our firm has the annually published medical fees to help prove the reasonableness of the charges.

    The medical expenses must be necessaryand needed because of the injury from the collision. No one would expect the insurance company to pay for a medical expense that you really didn't need. You are, however, required to mitigate your damage. That means that you are allowed to have diagnostic tests and examinations to determine whether you have an injury. If you have some pain that you didn't have before the collision, you are expected to take reasonable precaution to determine if you have an injury. If you ultimately determine that you don't have any injury, the insurance company will still pay for the cost of the examination and diagnostic x-rays and other tests.

    The medical expenses must be a direct result of the injuries sustained in the collision. You can't ask the insurance company to pay for anything that their driver didn't cause. However, they must also pay for the aggravation of a previous injury. As an example, let's say that your leg already had degenerative problems because of your age. It really didn't cause you any problems before the accident, but the twisting of the leg in the accident required you to now have physical therapy and ultimately a surgery. You aggravated the degenerative condition so now you must have the extra medical care. This would be a valid claim against the insurance company. The medical records provided by your doctor should clearly indicate that the medical care was needed as a result of the collision. If it doesn't state this on the records, then you should contact your doctor or his/her staff immediately to determine what he/she believes was the cause of the injury in the first place.

    Once you have finished all of your treatment, it is realitively easy to determine your total medical expenses. You need to use the retail price of the medical expenses, not the amount paid by your health insurance or the amount you paid as a deductible or co-pay. It is usually a simple addition of the charges.

    Sometimes doctors will state that you need to get extra money from the insurance company for future medical expenses. An example would be a doctor stating that you need one physical therapy visit per month for a total of 12 more months. You would need to calculate the cost of each visit and multiply times the number of visits the doctor says that you need and you then have an additional number for future medical care. Again, the same rules apply to future medical expenses that apply to the past medical expenses. The future medical expenses must be reasonable, necessary and a direct result of the collision.

    The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.... more
  7. Larry Van Roberts

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . How bad are your injuries? You don't want to do anything until you know the full extent of your injuries and what impact the wreck may have on your future. Also, insurance companies use a tactic called "deny, delay, defend". "Deny" responsibility, "delay" pament of the claim and "defend" the claim if not settled for a small amount. You could probably settle your case quickly, but the insurance company will most likely pay you only a nominal amount. If you want to receive what your claim is actually worth, hire an attorney who is not afraid to take your case to trial if you're not offered a fair amount. Insurance companies know who the attorneys are that simply settle cases and those attorneys that will take cases to trial if a fair amount is not offered.

    This response is given solely as a general response to the question and does not create an attorney / client... more
  8. Natan Davoodi

    Contributor Level 8

    4

    Lawyers agree

    Answered . I would need more facts to better answer your question. There are many factors involved and each case is unique. It would be wise to contact a competent attorney to help assess your situation. A competent attorney is able to pinpoint the key issues involved and leverage a quicker settlement on your behalf. Good Luck.

    This answer should not be used as a final ruling on your case as more facts are needed to fully understand and... more

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