Sometimes the person that has been injured in an accident hesitates to go after a personal injury claim. A victim’s questions about the process might cause a delay in the response to the injury. Below are some answers to a few of the typical questions.
Do I have to take the case to court?
If you have negotiated with the insurance company, then the money offered at settlement should cover the damages.
Suppose I have a pre-existing condition. Can I still seek money for damages?
In a personal injury case, the defendant is liable for any harm to the claimant/plaintiff. If the defendant’s actions caused your condition to get worse, then you have the right to seek money for damages.
Is there a minimum or maximum settlement?
No, the settlement’s size reflects the extent of the claimant’s losses. Those losses might include medical expenses, loss of income, and the cost for future medical care. In addition, certain other factors affect the settlement’s size. Those are things like the claimant’s age and occupation, testimony from witnesses, and negative effects on the claimant, such as discontinued hobbies and discontinuation of recreational activities.
What is subrogation?
That is the reimbursement due someone, or some group that has covered one of the claimant’s expenses, before delivery of compensation or a court-ordered judgment. Claimants that have retained a Personal Injury Lawyer in Sydney do not have to worry about subrogation. The claimant’s lawyer takes care of that obligation.
If I have chosen to negotiate with an insurance company, when should I agree to settle?
Never accept the company’s first offer. In fact, refuse to listen to any offer, until you, or any injured party has reached the point of maximum medical improvement. That is the point at which your doctor should declare that the prescribed treatment has aide attainment of a complete recovery.
Once you do start to negotiate, have in mind the minimum amount of money that you will agree to accept. If the insurance adjuster puts forth an offer that equals or exceeds that minimum amount, then you should consider settling. Understand that once you have agreed to go along with a settlement, your lawyer will receive a release form.
Following receipt of that form, you will be asked to sign the same document. Your signature frees the insurance company of the need to pay for any other damages that might arise, as a result of the accident that initiated your personal injury case. Think about that fact.
It underscores the reason that lawyers always tell their clients to hold-off on negotiating a settlement until each of the injured victims has managed to reach the stage referred to earlier, the point where the patient has attained MMI.