Personal Injury Settlement: Requesting advice

Hello. I thank you in advance for any correspondence. I was involved in a collision, and the other driver was at fault (citation was issued by state patrol). I sustained a broken arm (which will require surgery and a plate in my arm for life), as well as a minor scratch on my scalp. Unfortunately, I had not consulted with an attorney and have given a recorded statement to the at-fault party's insurance company. I have also accepted a payoff for my totaled car as well as a monetary amount in lieu if a rental car. My question is: Have I severely damaged my personal injury settlement by the aforementioned actions, and is it still advisable to obtain legal representation? Thank you very much.
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Answers (6)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
You need an attorney yesterday. Until a qualified personal injury attorney looks over what you signed it is hard to suggest an answer. By agreeing to take the property damage settlement there may be language about "any and all claims" that an attorney needs to review.

Click the link Lawyer Search at the top of the screen to find a GA lawyer right away.
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Keith Samuel Hasson

Keith Samuel Hasson

Contributor Level 6
Georgia law allows you to separate your claim for personal injury and property damage, so you have not damaged your right to recover for personal injury. It would have been advisable to hire an attorney before giving a statement to the insurance company, but this is not fatally damaging. Yes, you should hire an attorney. The following link, while written with brain and spinal cord injury survivors in mind, contains some good general advice about hiring an attorney that is applicable to your situation. Let me know if I can provide any other assistance.
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Steven I. Goldman

Steven I. Goldman

Contributor Level 4
It is always possible to damage your personal injury case when you deal directly with the insurance company without first consulting with an attorney. Insurance companies take recorded statements in order to use them against you. It is never to your advantage to give one. Additionally, as Mr. Brinkmeier has stated, the property damage check or release could contain wording that may damage your case. You should consult with an attorney right away.

Steven I. Goldman
GOLDMAN & ASSOCIATES
The Equitable Bldg. - Suite 2020
100 Peachtree Street, N.W.
Atlanta, GA 30303
(404) 577-9555
(404) 577-9556 (fax)
Steve@GoldmanLawAtlanta.com
www.GoldmanLawAtlanta.com
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Glen Edward Ashman

Glen Edward Ashman

Contributor Level 6
Since I don't know the contents of the statement or other details, I can't say how much you could have hurt your case, but, it is real critical to see a lawyer as soon as possible to minimize the damage and determine if you have a good case. Feel free to call me if my office could assist you.
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Lars A. Lundeen

Lars A. Lundeen

Contributor Level 8
As I am not licensed in your state, I can only give you general information. I would suggest that you contact a personal injury attorney in your area and see whether or not the attorney is in a position to undertake your representation. Generally I never permit a client to give any statement to the adverse insurance carrier pre-suit. They will always try to use the statement against you at some later time. However, that is water under the bridge at this point. You do have a right to a copy of the statement, which I am sure they probably have not provided to you. I would suggest you retain an attorney and have the attorney request a copy for you.

In the interim, if you have not already done so, you should take photographs of your damaged car and clear photographs of any of your injuries, such as the surgical scar from the ORIF. Remember, the insurance carrier is not your friend nor your good neighbor. The sole goal of an insurance company is to pay you nothing or as little as possible on your claim.

I would recommend you hire an attorney as soon as possible.
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Leslie

The car my 17 yr old daughter was driving was hit by another car (pulled out onto the main rd). The ticket was strong-detailed it being the other persons' fault. Emergency room right after, ...burn on her arm from airbag, stiff neck, sore, etc. Headaches real bad--possible post concussion--headaches are gone. The day after accident she started experiencing 'heart flutters'....Within a couple of days she was in ER diagnosed with 'PVC's' ...Due to 'stress'...They were strong and consistent. By week's end--they were gone. Had no PVC's since that time. Diagnosis: Resulted from Accident -- due to stress/fear brought on by it. Scar on forearm from airbag. What is case worth? Please help.
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