Evaluation of the full fair value of an injury claim requires analysis of many factors including diagnosis, prognosis, treatment, extent of disability, if any and other clinical findings. But, this is a partial list. A key factor: how the injury impacted and will continue to impact the individual.
Those who try to "do-it-yourself" often fail to realize that there may be long term residual issues, but at the same time by signing a release they are cutting themselves off from this element of recovery forever.
HERE'S HOW PERSONAL INJURY CLAIMS ARE EVALUATED:
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.
Study after study shows that people who settle cases without lawyers do far worse than people with lawyers (one study suggests that the average settlement is about 70% lower). Couple that with the fact that every statement you make to the insurer without counsel is used against you and lowers the value of your claim. Almost always, when an insurer makes an offer to you early in the process without counsel, their experts think you can get more with counsel, and they often are trying to settle before you have the treatment their experts expect that you need or should have gotten.
No lawyer can evaluate your case without seeing the medical records, the police report and other information, but the smart move for you is to cut off all communication with the insurer, hope you haven't hurt your case too badly with your statements, and see a lawyer ASAP.
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I fully agree with the other posters here, and I highly recommend that you seek counsel with a local attorney who specializes in motor vehicle accidents. If not for you, then at least for your daughter.
However if you feel that you have not sustained any lasting injuries and you do not wish to seek any other treatment then you can think about resolving the case. Only you can make that decision. Please keep this thought in mind: if the insurance company is offering you $4300 now without an attorney's involvement, is there something you may be missing? In my experience, insurance companies don't simply throw money around at undeserving claims.
The aforementioned opinion does not constitute legal advice and is for general informational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
Every case is different. It is impossible to know the value of a case without knowing more. You should consult an attorney as soon as possible. If you would like to discuss your case with our office our number is 404 812 4300.
You can get as much money as an insurer will pay you or a Judge or jury will award you. There is no way to determine that amount without knowing all material facts.
First off, I hope the injuries are not traumatic and you are ok.
This is a serious matter and I urge you to contact an attorney immediately. Value depends on medical damages, any prior injuries and how the injuries heal. Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time.
For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- email@example.com or give us a call- 800-6-know-law. We'd love to her her with this.
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