What should be done during the time a person is seeking medical treatment and speaking with a claims adjuster?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What should be done during the time a person is seeking medical treatment and speaking with a claims adjuster?

I was in an auto accident 4months ago I have recently been to the doctor who has told me nothing can be done about my neck pain. The accident wasn’t my fault and the other persons insurance company claim adjuster has not given me an offer what should I do next?

Asked on November 1, 2011 under Personal Injury, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It would be advisable to get a second opinion from another doctor, preferably an orthopedist regarding your neck injury.  Physical therapy may improve your condition.

When you complete your medical treatment and are released by the doctor or are declared to be permanent and stationary which means you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim will consist of these items and should be filed with the claims adjuster of the at-fault driver's insurance company.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the at-fault driver.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, you will need to file your lawsuit for negligence against the at-fault driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Until you complete your medical treatment and are released by the doctor or are declared to be permanent and stationary, it would be premature to try to settle the case because you wouldn't have your total medical bills, final medical report and total wage loss.  You need to file your personal injury claim with the at-fault driver's insurance company in order to receive a settlement offer.  Again, don't try to settle the case until you complete your medical treatment.  Once you accept a settlement offer, you can't go back to the insurance company in the future and ask for more money.  You will be signing a release of your claim (giving up your claim) to receive your settlement check.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption