How do i figure out if a out of court settlement is good or not.

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How do i figure out if a out of court settlement is good or not.

vicitm of car accident, in military hit by civilian cop in uniform, had shoulder issues when hit, dr’s cant tell if accident affected injury more they want to settle for 600, i had reconstruction surgery on shoulder and continues neck pain now. bill from surgery covered under army, er bill there insurance how do we tell for claims settlement how much damage was really done.

Asked on May 12, 2009 under Accident Law, Texas

Answers:

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

Answered 12 years ago | Contributor

It sounds like you had a pre-existing injury and what you're trying to figure out is what part of your injury will be attributed to your previous problems and what part to this auto accident.  That's never easy.  If you have sizable medical bills, and it sounds like you do with reconstructive surgery, you should hire a personal injury attorney who will guide you through the process.  You will probably be asked by the insurance company for the at-fault driver to obtain an independent medical examination to try to determine what caused your shoulder and neck issues and what your prognosis is for recovery.  Often times, if it is hard to tell, insurance companies may wind up attributing half your damages to the accident and half to the pre-existing problems.  In any event, you absolutely need an attorney to assist you with this.  Do not accept the $600 offer.  That seems to be way off the mark here.  Good luck.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I siggest that you contact a personal injury lawyer immediately and do not try to go at this alone.  You need to make sure that the victim treats with a doctor until the doctor says that the victim has reach maximum medical improvement and can determine whether there is a permanent injury.  Only then, can you make a good determination of what the claim is worth.  Plus, you can factor in medical bills towards coming up with an amount for pain/suffering and obtain compendation for these amounts.  A awyer can help get all this information organized and can helo negotiate with the insurance company.  Otherwise the insurace company is going to try to take advantage of you to get out of this qucik.  It sounds like the victime have a serious injury for which he should be compensated.  Do not get cheated - know your rights.


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