Legal Question in Personal Injury in California

Accident injury settlement

My wife's car was hit by someone running a red light, luckily, she did not suffer any injury. We just received a cash settlement that waives any future claims to the other driver's insurance company. I was told by the other driver's insurance company that this settlement is to reimburese for my wife's doctor visit. However, the form does not reference this as reimbursement, but clearly stated that by accepting this amount, we forever discharge the other person on future claims that is connected to this accident including injuries.

I would appreciate a legal advice before I sign this form.

Thanks


Asked on 3/30/04, 5:45 pm

5 Answers from Attorneys

Alvin Tenner Law Office of Alvin G. Tenner

Re: Accident injury settlement

The others gave the best answers.

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Answered on 4/04/04, 6:03 pm
A. Russell Martin Law Office of A. Russell Martin

Re: Accident injury settlement

Dear Sir,

I�m sorry your wife was in an accident, but hopefully you�re correct and she truly emerged unscathed. However, I would be very careful. Sometimes an accident victim sustains injuries that may not become obvious until much later. Once such injuries manifest, the victim will need additional treatment, which can get very expensive.

For example, I was injured in a car accident over 20 years ago, but did not start feeling any significant pain for a couple years. At the time, my neck just felt a little stiff. That neck stiffness got worse and never went away. If your wife is feeling any neck pain or stiffness, she has to ask herself what value she wants to put on 20 years of nagging pain.

I do not know whether your wife will have such problems, but I think it would be safest to make sure your wife does not sign her rights away without talking to a lawyer and at least one other doctor. This is particularly true if her treating physician has an established relationship with the insurer. Sadly many doctors will give an insurance company any diagnosis they want because they know who�s paying them for this case and the hundreds of other cases the insurance company will throw to them in the future if they behave.

As the other attorneys correctly advised, you will never be able to get more money from the insurer(s) if you accept the settlement they offered. Therefore, I think it would be best for you to get a free consultation with me before making such a big move. You can contact me at (415)364-1604 or [email protected]. Here�s my website if you want more information about my practice and general litigation tips: http://www.lawguru.com/users/law/litigator/index.html.

Remember insurance representatives may seem friendly, but they are not your friend. They are only interested in protecting their corporate pockets by getting you to settle for the least amount possible. The fact that you posted your questions suggests that you intuitively sense something�s wrong. Listen to yourself. In my experience, insurance companies will never voluntarily pay you the full amount you deserve. You have to negotiate with them just like you would in any other business deal. It�s best to get professional help in this process. Again, I would be happy to assist you if you wish.

There is a reason why professional licensing is required to litigate personal injury cases. Legal issues involved in such claims can get complicated if you lack the requisite knowledge and experience. Consequently, it is imperative that you get the strong, aggressive representation you need to win. I am available to help if you want.

Best of Luck,

Russ Martin

(415)364-1604

[email protected]

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Answered on 4/03/04, 6:40 pm
Terry A. Nelson Nelson & Lawless

Re: Accident injury settlement

Tske the money and ALL claims are forever resolved. If the amount is insufficient, try to negotiate it, or file suit if appropriate.

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Answered on 4/02/04, 5:36 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Accident injury settlement

Whether or not the money is for medical expenses might have some tax implications, but my sense is that taxes aren't what concern you at the moment. If you sign the form you will never be able to claim any additional money from these people for anything that has already happened. If there are more medical bills in the future which result from the accident, there will be no more money coming in from the defendants.

You really should consult with a lawyer on this one, especially if you think your wife will need ongoing medical care.

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Answered on 4/02/04, 5:44 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Accident injury settlement

Your message is confusing. If your wife was not injured as you said, then why did she needed a doctor visit? Perhaps to get checked? If so, then just settle and put this matter behind.

However, I must caution against fast settlements that can be disastrous. If this was a new accident, I would suggest that you wait for awhile to make sure that she's OK. Confirm with a competent doctor and only thereafter settle.

The statute of limitation for these types of cases are now 2 years. Good luck.

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Answered on 4/04/04, 1:39 am


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