The insurance company is responding but I need medical attention. Should I contact a lawyer to be safe, I'm not at fault. Just in a lot of pain.
It is a good bet that the insurance company for the person that hit you is not working hard trying to pay you MORE money. They are likely working hard to pay you LESS money. Keeping that in mind, it is wise to have a lawyer in your corner working hard for your interest - not the insurance company. Most lawyers for these types of cases work on a contingent fee basis - meaning they get paid by a percentage of your recovery and you never have to pay the lawyer out of your pocket.
You should contact an experienced personal injury lawyer because the consultation is free and the attorney will explain your rights and how your medical bills will be paid. It will also be important for you to receive good quality care from a provider who treats car accident victims on a regular basis. You also need to notify your auto insurance company and report the incident.
Finally, do not speak with the insurance company for the other vehicle until you have consulted with a lawyer of your choosing.
We would be pleased to help you and answer any questions that you may have.
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.
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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.
Go get the medical attentions first via the hospital or rehabilitation facility. Make sure your PIP insurance is used to pay all medical bills. Then consult with a personal injury attorney that specializes in this field not a lawyer that dables in car accidents. You also need a lawyer that doesn't just settle the case after the first or second offer but can litigate and try the case if necessary. So ask the attorney about there practice and experience before you hire them. Good luck.
1. Don't talk to the insurance company. 2. DON'T talk to any insurance company. Retain a lawyer as soon as possible. Insurance companies (even yours) are big time businesses, they are looking to deny coverage at any expense. If you are under the new Florida PIP laws, going to a medical doctor within 14 days allows you to get either $2,500.00 or $10,000.00 in PIP coverage, depending on whether a Emergency Medical Condition is determined. After retaining a lawyer, you should seek medical attention in order to fully diagnose your injuries. It is very important to retain counsel and begin the process of getting proper treatment, these small things at the beginning of the case help maintain the value of your case.
While my fellow practitioners have urged you to obtain an attorney, let me state that even though I practice personal injury law, it is not always necessary to hire an attorney. Many people handle their claims pro se (without an attorney) and do fine. That choice is yours and should be made based upon your comfort level in dealing with the insurance company and the severity of your injuries.
For soft tissue injuries, I've found that most people can handle their claims with an insurance company adjuster quite easily. You should, though:
1. Get medical treatment ASAP if you are sore for more than a few days. The current PIP statute is quite harsh if you fail to treat within 14 days.
2. Keep excellent records of your mileage, treatment, and medications. I recommend my clients use a calender and keep a daily journal of their physical/mental state.
3. Never lie to an insurance company or embellish the facts. It is cause to deny your claim in whole.
4. Be aware that claims adjusters are trained to negotiate and settle claims for as little as possible. The first offer is usually at the low-end of their range (unless it is what's called a "policy limits case" in which the adjuster feels he must tender the policy limits due to the severity of your injury).
5. You can always hire an attorney if you feel uncomfortable negotiating with the insurance company.
6. If you experience numbness or tingling in any extremity, as well as any condition that gives you cause for concern, see a medical doctor right away; handle your medical needs first, and then hire an attorney.
Yes, you can handle insurance claims yourself, but you need to exercise caution in doing so and realize you may need an attorney if the matter becomes too complicated to handle pro se.
if you are still experiencing problems with your neck or back you should hire an experienced personal injury attorney who is board certified. i would strongly suggest that any doctor you see order MRI's of your neck and back if they are still causing you significant problems in order to determine if you have an Emergency Medical Condition which would allow you to use all $10,000 of your PIP coverage
You should definitely hire an attorney who is familiar with personal injury in Florida. You should also follow up with your doctor. You do not need to wait to go to the doctor until after you hire an attorney. Get started on your treatment and you will hopefully start to see some improvement in your condition. The attorney will be able to inform you about the Personal Injury Protection coverage on your policy to pay for your medical treatment, and you will have a claim against the responsible party as well. Good luck!
Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.
If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.
Written by attorney Kevin P. Landry
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