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.
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.
This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.
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.
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!
BEST ANSWER I got....and I hope I was HELPFUL! My answers do not establish an attorney/client relationship. Contact Steve Hamer at (214) 843-1529 for a FREE CONSULTATION.
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.
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If you can hire a local lawyer that would be best. Most PI attorneys work on a contingency. That means you do not have to pay unless you win. Best of luck.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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.
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.
Seek the treatment you need. It may be problematic that you delayed in treatment, but there may be a reasonable explanation.
This answer does not create an attorney-client relationship between Jassim & Associates or any of its attorneys. We are not your attorney unless we both sign a written contract that describes our relationship and terms, the scope of our representation, and terms of payment for representation. Any information provided to you here should not be construed as legal advice, and an in detail review of the facts of your matter would likely affect any information provided. There could be deadlines to act in any case, after which your legal rights could be lost forever. You should contact an attorney licensed in your state immediately to be sure your rights are protected.
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