Take pictures of the property damage, the accident scene, and the injuries. Get a copy of the police report (for a car accident case) Get the medical treatment you need, as soon as possible. Use any "personal injury protection" ("PIP") insurance coverage to pay initial bills, and then use your health insurance.
Full Answer
Should I settle my personal injury claim?
You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk. Additionally, settling out of court means you'll be compensated more quickly, and you'll avoid many court appearances and high litigation costs.
Can I negotiate a low personal injury settlement offer?
Remember, the insurance adjuster will probably low-ball you but then you can start to negotiate. It's okay if your demand is on the high side-this will give you room to negotiate later. Learn more about responding to a low personal injury settlement offer.
Do I have to pay back my medical bills from my settlement?
If you have recovered and are due to receive, or have already received, a personal injury settlement, you will most likely have to pay back those amounts from your settlement to whichever insurance or agency paid your medical bills.
Can a medical company put a lien on a settlement?
After you received your settlement, whoever has paid for your medical costs may issue a medical lien in an effort to recover these costs from you. A lien is a claim that serves to enforce repayment of a debt. A medical provider, for example, a hospital or doctor’s office, can issue this type of lien.
How do I get the most out of my injury settlement?
5 Tips To Get The Most Out Of Your Personal Injury ClaimDecide on a settlement amount. Go over your records of loss and get a solid idea of how much compensation you deserve. ... Provide thorough medical documentation. ... Follow all treatment plans prescribed. ... Stay off of social media. ... Don't settle too quickly.
How can I protect my settlement money?
First, you can keep your personal injury settlements separate from all other forms of income and keep that money in a separate bank account. This will prevent creditors from being able to take that money away from you in the future. Another option is to use a prepaid credit card.
Can I settle my case before surgery?
It is best to wait, to not settle before surgery, a case until the accident victim reaches maximum medical improvement. This is the point when additional medical treatment is not expected to improve a person's health.
What do I do with a large settlement check?
Pay Down Debts A large settlement check provides you with the opportunity to pay off debt. Plan to pay what you may owe from credit cards, high interest loans, or other bills. Using your funds in this way can help you earn financial freedom by reducing ongoing interest payments.
Can the IRS take my personal injury settlement?
If you have back taxes, yes—the IRS MIGHT take a portion of your personal injury settlement. If the IRS already has a lien on your personal property, it could potentially take your settlement as payment for your unpaid taxes behind that federal tax lien if you deposit the compensation into your bank account.
What assets can be seized in a lawsuit?
Properties a creditor can seize include tangible assets, such as vehicles, houses, stocks, and company shares. They can also include future assets a debtor expects to receive such as commissions, insurance payouts, and royalties. The attorney questioning you will very likely discover these assets.
How do you respond to a low settlement offer?
Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.
How long does a settlement take after surgery?
You May Settle Your Claim 2-5 Months After You Finish Treatment. The time it takes to settle your claim is largely dependent on how long it takes you to heal. In order to settle your claim, you must be done treating with doctors.
How long does it take to get a settlement after surgery?
The entire settlement process—from filing your claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.
How do I know if my lawyer is cheating on a settlement?
Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.
Do you get taxed on settlement money?
Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally tax that money.
Can I deposit my settlement check?
You can deposit the settlement check into your bank account and use it any way you wish. It can take about six weeks for you to have the money in your hands. Most law firms issue paper checks to their clients. You can deposit the check like any other, such as paycheck or personal checks.
What is a multiplier in personal injury?
Lawyers and writers have often talked about a "multiplier" in personal injury cases, used by insurance companies to calculate pain and suffering as being worth some multiple of your special damages. But that is only true up to a point.
What are special damages?
Special damages include property damage (costs to fix or replace your car after an accident), lost earnings and lost earning capacity, medical bills, and other financial losses attributable to your accident. They are capable of exact calculation because they can usually be added up.
Why do the stakes increase when you lose a case?
When losses ("damages" in legalese) are significant, the stakes increase for everyone—for you because you want fair compensation for your injuries, and for the defendant (usually an insurance company) because they don't want to pay a large amount to resolve the case.
Can you claim lost earnings if you are unemployed?
you are self-employed. If you are unemployed at the time you're injured, you can generally claim your earnings from your previous job as your earning capacity as of the time of the injury.
Can you negotiate a personal injury settlement?
And in cases where your injuries are relatively minor and the other side's fault is pretty clear, it may be more economical to negotiate your own personal injury settlement, rather than handing over one-third of your award to a lawyer (which is common practice under personal injury lawyer fee agreements ).
Can you represent yourself in an accident?
When To Consider Self-Representation. It's certainly possible to represent yourself in a personal injury claim after an accident come away with a satisfactory result. This is especially true if you have experience handling your own legal matters in the past, and you're able and willing to stand up for yourself and your case.
Is a fair settlement a windfall?
You Want a Fair Settlement, Not a Windfall. You may be reluctant to settle your claim, but there is risk in going to court. The jury may decide for the defendant and give you nothing. So a fair settlement amount should reflect this risk.
How to release one party in a personal injury case?
1. Reserve Other Claims. You should always be careful if you want to release one party in a personal injury claim but want to keep your case going against another party. If you do not include the proper language, then once you settle with one party your entire case may be forever settled.
What is release of claims?
You may be giving up valuable rights by signing an insurance company’s release. Once you agree to a personal injury settlement with a liability claims adjuster, they will generally send you a form that is titled “Release of claims” or something similar. Basically, they are asking you to release the tortfeasor (sometimes an insured) ...
What happens if you report an ICD-9 to Medicare?
If the insurer reports the wrong ICD-9 to Medicare, it can create major issues with Medicare denying unrelated treatment down the road. For example, someone’s negligence may cause your back and neck injury in a car accident. You make an injury claim against all 11 parties that you can sue.
Why did Allstate refuse to settle the lawsuit?
The court refused to enforce Allstate’s proposal for settlement, in part, because it required Diecidue to misrepresent that he has no children eligible to file a claim for loss of consortium.
How much did Geico settle for a man who was hit by a car?
I settled a case for $125,000 for a man when a car hit him in Miami, Florida. GEICO insured the careless driver who ran a stop sign and hit him.
Can Medicare deny treatment after settlement?
After a settlement, Medicare can deny future treatment which is related to the subject accident. The ICD-9 codes do not have to be in the release. However, if the victim is a Medicare beneficiary, he or she should have a written agreement with the defendant that states which ICD-9 codes will be reported.
Do you expect your insurance company to have your best interests in mind?
For example, you are an insured in a uninsured motorist (UM) insurance coverage case. However, even in uninsured motorist bodily injury cases, do not expect that your insurance company has your best interests in mind. Sadly, they do not.
Why You Should Not Accept a Settlement Offer
Insurance company claims adjusters aim to pay out as little as possible in every claim. Simply put, it is their job to try and settle a claim as quickly as possible for the smallest amount possible.
Contact an Experienced Injury Attorney
Making these decisions on your own can be confusing and difficult. An experienced injury attorney can help protect your rights and make sure the insurance company is looking after your well-being and best interests. If you or a loved one have been injured, contact Thomas J. Henry today for a free case consultation.
25 Tips You Can Use to Get the Best Settlement for Your Personal Injury Claim
Personal injury claims cover car accidents, premises liability claims, defective product injuries, and many other types of accidents and injuries. Before you accept any insurance settlement or personal injury settlement, read these 25 tips for getting a fair personal injury settlement.
Tip 1 From A New York City Attorney
Report the accident immediately. A written record of the accident is essential when filing a personal injury claim. Without a written record, the other party could deny their involvement in the accident. Additionally, the insurance company may not treat the claim as seriously if you don’t have any evidence that an accident occurred.
Tip 2 From A Los Angeles Attorney
Don’t lie to the police. When you report an accident or injury to the police, don’t lie or embellish. Instead, tell the police officer what happened without going into unnecessary details. Saying more than is necessary – or stretching the truth – can have serious consequences for you and hurt your ability to file a successful lawsuit.
Tip 3 From A Fort Lauderdale Attorney
Document the accident scene. If possible, take photographs and make a video of the entire accident scene. It is crucial to preserve the scene just as it appears after the accident. For example, if you are injured in a slip and fall accident, the property owner could remove the hazard and claim it was your fault that you fell.
Tip 4 From A Tampa Attorney
Seek prompt medical attention for your injuries. It is always a good idea to be checked by a physician immediately after an accident or injury. Even if you feel “okay,” you could have injuries you are unaware of immediately after the accident.
Tip 5 From An Ocala Attorney
Report all symptoms to your physicians immediately. Regardless of how you feel or how minor you might believe a symptom is, report all symptoms to your doctors immediately. You could have sustained a severe injury, and the doctor needs to follow up.
Tip 6 From A Fort Worth Attorney
Follow your doctor’s treatment plan. Don’t stop your doctor’s treatment plan. If you don’t follow up with your doctor and complete treatment, the insurance company may allege that you failed to mitigate your damages.
What is a bodily injury?
Bodily injuries are a subset of personal injuries. Bodily injury refers to a physical injury, illness, or disease resulting from an accident, while the Legal Information Institute defines personal injury more broadly as injuries to “the body, mind, or emotions.”.
What is a medical lien?
A lien is a claim that serves to enforce repayment of a debt. A medical provider, for example, a hospital or doctor’s office, can issue this type of lien. A lien may also be issued by an insurance company, such as health insurance or car insurance, as well as the government (Medicaid, Medicare, and workers’ compensation).
Do you have to pay back a personal injury settlement?
If you have recently suffered injuries, you may have received costly medical treatment, paid by either your car insurance, your health insurance, or Medicare or Medicaid. If you have recovered and are due to receive, or have already received, a personal injury settlement, you will most likely have to pay back those amounts from your settlement ...
Does car insurance pay for medical expenses?
If car insurance paid for your medical costs, the insurance would most likely expect you to reimburse those costs if you subsequently received a settlement for your medical expenses. For a free legal consultation, call (800) 223-5115.
Do you have to pay back medical bills if you received workers compensation?
If your claim was due to a work injury and you received workers’ compensation for settling any medical bills, you will also most likely have to pay back these amounts if you later received a settlement for your medical expenses.
Do you have to pay back medical insurance?
Your health insurance will generally, similarly to the car insurance, expect you to pay back any medical costs where a third party is at fault and for which you received a settlement. In practice, this can involve having to negotiate with the health insurance company. Having a lawyer by your side can help with this process.
Can you pay back medical benefits?
Paying back medical benefits can turn into a complicated issue, which can get yet more convoluted when future medical costs come into the equation. You may be at risk of paying back too much money or even losing some of your benefits if you receive a settlement.
Why was the Sterrett settlement a compromise?
The settlement was a compromise due to the nature of the injuries and defenses according to the court. Further, the court understood that even though Sterrett would incur medical bills payable by Medicare, the settlement didn’t compensate for such future medical benefits.
What would happen if Medicare audited the file in the future?
If Medicare ever audited the file in the future, a strong argument could be made that Medicare’s future interests were adequately addressed and protected. The plaintiff set aside a reasonable amount of money based on the facts of the case.
Does Sterrett's settlement cover Medicare?
In Sterrett, the court stated that “the settlement payment to Sterrett does not address any future medical expenses that may be covered by Medicare and the facts of this case mandate the conclusion that the defendants and their carriers lack liability with regard to any such expenses.”.
Is a MSA required in a personal injury case?
Plaintiff attorneys should go on the offensive in regards to any Medicare set aside (MSA) issue that may arise in a personal injury case involving a current Medicare beneficiary. According to the May 25, 2011 CMS policy memorandum issued from the Dallas regional office, an MSA is never required by any law or statute; however, ...