was rear ended by man dui. he hit and ran. i had to chase him around the block with kids in the van 2 times.his insurance co. says i didnt see a dr. so injuries dont seem too major. cant hold son more than 5min w/o arm neck and back hurting. no money to seek out medical treatment and didnt know he was insured or would have. police didnt give his information to me after inccident his insurance offer for me $500 medical and $750inconvience. last time rear ended cost $4000 for dr visits alone. do i counter offer based on that amount? go to doctor today with his ins info? what about lifetime affects of pain and suffering compensation?
The fact that you have waited two months to seek treatment is going to work against you. An insurance adjuster is never going to pay damages for lifetime pain and suffering without medical documentation of that pain and suffering. And even if you can get such documentation, your delay in treatment is going to make it more difficult to prove causation.
If you want to get more than a few hundred dollars for your claim, you should consult with a competent personal injury attorney immediately. Had you done so immediately after the accident, you likely could have received appropriate medical treatment on a lien basis, without any out-of-pocket expenses. This may be still possible, but you need to act now. The longer you wait, the more difficult it will be to obtain any recovery, and the less likely a doctor will be to treat you based on the promise of payment from that recovery.
You should consult with personal injury attorneys first about your case before you attempt to negotiate any settlement. Delayed medical treatment is an issue that defense will raise, but it is not detrimental if handled the right way. Use the Avvo “Find a Lawyer” tool bar to search for personal injury lawyers in your area. Most offer a free consultation.
You have what is known in personal injury as a MIST case (Minor Impact Soft Tissue). Insurance companies have an aggressive approach toward denying or low-balling these claims. I recommend you speak with a personal injury attorney who can negotiate treatments for you and, if necessary, file a case in Superior Court. It's my experience (and I'm sure my colleagues here will have the same experience) that personal injury victims are disregarded by insurance adjusters and that their demeanor changes when an attorney is brought in.
First of all the insurance companies never think you hare hurt--wouldn't matter how hurt you are or how much treatment. It is not too late to seek treatment. You need to seek treatment though to get better not to bolster some lawsuit. So get the treatment, try and get better and everything else will take of itself--well if you do the right thing to help yourself.--you need an attorney. No matter what you have been offered your chances of getting more "net" even of you are paying a lawyer will be greater than trying to go it alone. There are many studies--even those done by the insurance industry__ that show people with lawyers receive more than without a lawyer.
Insurance adjusters are trained (by attorneys) to offer a minimal settlement amount. That amount is lower when they deal with a non-attorney. The amount is increased due to attorney negotiations, pressure, and threat of legal action. Often times a law suit must be filed, and right before trial (or early into the trial) magically the insurance company offers a fair settlement.
You need to contact a local personal injury attorney. Try the FIND A LAWYER tab on this website. They will be able to better help you after a review of all your specific facts. Many will speak to you initially for free. Good Luck!
Get a personal injury attorney right away and stop talking to the insurance company. They are not your friend. They want to hold on to their money, not give it to you. But be careful. It sounds like you've been in more than one recent accident. The insurance company will see that and depending on the circumstances, that could hurt your credibility.
While it may work against you to have waited over 2 months- it can be explained .You were self medicating and ultimately needed professional help to recover when the symptoms persisted. I don't think its too late. But there will definitely be a fight. If you are hurt seek care immediately and speak to an attorney.
I live and work in California and deal with accidents like yours, so I am happy to answer your question. The answer to your question is your gut instinct is right!! You can sue the driver and the owner of the vehicle but by yourself you're unlikely to get a high settlement... you should definitely hire an attorney to get the maximum amount possible. Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well. You should be filing a claim, but you should do it through an attorney. Whenever someone makes a claim against an insurance company the insurance company usually gives you a very difficult time. I've seen insurance companies lie to their own insured before!
Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hire can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.
With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the Ontario, CA area.
Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it. We give free consultations!
There are a lot of "maybes" to be considered here. What was the property damage? If you have several thousand dollars of collision damage to your vehicle, your case might still be OK. If the property damage is minimal, there is not a very good chance to pursue a valuable personal injury claim with such a delay in medical treatment. Next, what are your symptoms? If you are having standard muscle soreness or whiplash type symptoms, those would ordinarily be expected to resolve by now. If you have numbness, tingling, shooting pains, etc., those symptoms can indicate a more serious medical condition that might not immediately present itself following a collision. In that event, a delay in treatment could be excused. You need to discuss your particular circumstances with an attorney.
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