Legal Question in Personal Injury in California

Re: Auto Accident Settlement

Most insurance companies will draft their settlement agreements in such a way that they cover all losses you have sustained as a result of their insured's conduct -- including losses you have yet to discover, and often including losses which may have arisen from causes other than the accident (this rarely becomes an issue, but if you later learn that the guy who rear-ended you also stole your credit cards and went on a shopping spree you may be barred from suing about it).

It's a good idea to have a lawyer review the proposed agreement and explain your rights. You might also want to have the lawyer negotiate on your behalf, in the hope that you get a sufficiently increased settlement to more than cover the legal fees.

Re: Auto Accident Settlement

Presumably your doctor can give you a pretty good prognosis on what lies ahead for you and your injury. That is, however, no more than an educated guess. Your settlement is meant to put an end to your litigation, not permit you to seek additional future damages. In fact, you will be asked to waive a statutory provision which protects you from settling injuries you are not aware of. It should, however, take into consideration your potential for future injury. As a result, being very careful not to let the Statute of Limitations run on your claim, you might wish to wait until you are fully recovered. If that takes more than a year, you will have to file your lawsuit. At some point, however, you will have to give up your right to sue. That always leaves open the possibilty, although not the probability of future injury for which you will not be compensated. Try to do the best you can, under the circumstances.

Re: Auto Accident Settlement

Once you accept a settlement offer, you will NOT be able to obtain further compensation from the accident if you continue to suffer pain. Furthermore, the other driver's insurance company will almost certainly attempt to lowball you and make an inadequate offer.

If your car was totaled and you're still experiencing pain one month after the accident, the cost/benefit analysis probably militates in favor of hiring a personal injury attorney to value and negotiate your claim.

Re: Auto Accident Settlement

Thank you for your posting.

Typically, yes, you would waive your rights to any future compensation should something else come up. The best thing to do is to have your doctor or treating physician do a comprehensive evaluation and report on the likelihood of future injury, and present that to the insurance company as part of a demand package.

As the other responses have mentioned, I believe that it would assist you to at least consult with an attorney, and then decide from there how to protect you best for the future.

Thanks again, and I hope this answer was helpful. If you feel you need further questions answered, more information, or representation, please feel free to contact me directly at [email protected] -- I'm happy to help in any way that I can. Best of luck.+

Re: Auto Accident Settlement

Settlement if final, so don't settle unless you are sure you are getting full value, and only after your doctors say treatment and recovery is complete. If you are local and want to discuss hiring counsel, contact me.