Legal Question in Personal Injury in Virginia

Hit from behind with little injury

I was hit from behind and the other drivers insurance company is asking me for an amount to settle. I have no more pain now but my husband is wondering about the future. Our car was 3 months old and sustained over 4000 in damage and myself and 3 children were mildly injured but seem fine now. Do we just say ok things are fine and sign off or ask for something for later. Thanks


Asked on 9/21/00, 10:47 am

2 Answers from Attorneys

Joseph McGrath Joseph McGrath, Attorney at Law

Re: Hit from behind with little injury

If you are woundering about the future, then the person to ask is your doctor. The insurance company will be more inclined to pay for future medicals, pain and suffering, with a doctors report so stating as to each of you. You can settle the prersonal property claim ( your vehicle) seperate from the injury. The Ins.Co., will, probably, offer the book value on the car, NADA, etc., Remember the the insurance co., is a business, they are not in the business of giving away money, but making money. When you settle they will give you a release. That document will release them and their client( the person who struck you) forever. If your doctor clears you and your children, and perhaps you should have him do so in writing, or at least provide you with a copy of his examination notes, then ok. Please remember that you are entitled for loss wages, get that in writhing from your employer.

In closing, all attorneys I know in this practice area work on contigency basis..they dont take a fee if they are not successful. Having one represent you is not a liability to you. We attempt to collect a settlement that compensates you and pays a fee for us. Please consider contacting one.

Good Luck

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Answered on 10/20/00, 10:32 am
Daniel Press Chung & Press, P.C.

Re: Hit from behind with little injury

You should not engage in further discussions with the insurance co. You should immediately hire an attorney with experience in personal injury matters. Insurance adjusters are trained to take advantage of you and offer the smallest amount possible to unrepresented individuals.

You will only be able to settle once. There will be no way to "hold this open" to see if there are any further complications. So your lawyer, working with your doctor, will have to determine what if any possibility exists for such problems and, if there is a real likelihood, convince the insurance company, or the judge or jury, to take them into consideration.

In the end, let me note that while you are free to undervalue your own claim, you also indicate that your kids were injured. Is it fair to them to deny them fair compensation for their injuries just because you decide to forego hiring a lawyer?

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Answered on 10/21/00, 6:54 pm


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