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I received treatments after my auto accident. The case is not closed but it is hard for me to keep going because of work and time. I would like to ask my adjuster to close my case and give me some money so that I can get treatment when or however I like. Is it legal? And can I still ask for pain and suffering from the at fault driver’s other at fault insurer?
Asked on October 9, 2017 under Accident Law, Minnesota
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You don't want to settle the case now because then you won't be able to receive compensation for additional medical treatment.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Those items should be included in your personal injury claim filed with the at-fault party's insurance carrier.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.