"Settle" means that the insurance company wants to offer you some money in exchange for you signing a release saying that you won't seek any additional recovery. You should not talk to the carrier, or agree to settle, or sign any document, without first talking to a local personaol injury lawyer to protect your rights.. I dont know when the injury happened, but you have two years from the date of injury within which to file a suit and, if the injury just happened, there is no rush to settle, especially if you are still needing medical care. Again, you should meet with a local attorney as soon as possible.. Initial consultations are ususally free. Good liuck..
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"Settle" means the insurance company wants to pay you some money in exchange for your binding agreement to release all your right to seek comensation or file suit in the future. If you sign the agreement, you will never be able to sue and receive money in the future. If you sustained a significant injury and have any question in your mind whether you want to bargain away your right to sue in the future, you should talk to a personal injury lawyer. Many such lawyers provide free initial consulation. Good luck.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Before you settle any claim why not take advantage of the free initial consultation many consumer attorneys offer to discuss the facts of your claim in greater detail? Perhaps you have more significant injuries than you realize right now or ones thay may linger long beyond the time the settlement you are offered is exhausted. There is no harm in finding out all of your rights and that is what attorneys are supposed to do for injured people when feasible to do so.
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You should retain an attorney. A "settlement" means you are signing a document that gives up all your legal rights in exchange for some amount of money. An attorney can help you make sure that you get all necessary medical treatment and obtain the maximum amount of recovery before coming to any settlement.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
SETTLING YOUR CLAIM WITH ICBC WHEN SHOULD YOU SETTLE?
Once your claim is settled, you will not be entitled to any further money or assistance from in relation to the injuries you sustained in the motor vehicle accident. My advice to clients is that they should not settle their claim until they know whether they will be able to return to work and their pre motor vehicle accident recreational activities and until their care givers are able to give them an indication of how their injuries are likely to affect them in the future. I tell clients that they do not have to be fully recovered prior to settling but it is necessary to know how the injuries are likely to affect them in the future. If there is a prognosis and the care givers are confident in their prognosis, the claim can be settled on the basis of the care giver's expectations.
HOW MUCH SHOULD YOU SETTLE FOR?
Every case is unique and it is impossible without knowing all of the details of your particular claim to determine what will compromise fair and full compensation. In settling your claim you need to ensure that you are being compensated for your pain and suffering in a way that is similar to other individuals who have had the same injury as you. You want to make sure that you are being fully compensated for any wage loss that you have incurred, including any retraining that is going to be necessary or any modifications to you work environment. You need to ensure that if there is a possibility that in the future your ability to work will be affected by you injuries that you have been compensated for this. Finally, you must be compensated for all treatment expenses that you have incurred while ensuring that all treatment that has been recommended for you in the future is also being paid for.
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You should consult with an experienced injury attorney before you have any more conversations with the insurance company. To settle means you are forever releasing the at fault party from any damage they may have caused you whether known or unknown.
Nothing to add to the previous answers as they all contain the same bottom line message... when settling with an insurance company, get a lawyer. I agree. That's more for the get an attorney side against... um... zero for the do it yourself side.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
980 Montecito Drive, Suite 206
Corona, CA 92879
“When you need a Lawyer, call the Doctor”
** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen&Molinaro;, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 www.FRANSENANDMOLINARO.com and www.888MDJDLAW.com “When you need a Lawyer, call the Doctor” ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
You are lucky that even though you didn't call the police to investigate, the teeenager admitted fault. A lot of times the at fault person, if not immediately confronted by the police, talks to friends and family members (who don't want their insurance rates to go up) and then comes up with a story that puts the blame on the victim.
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