If I was involved in a car accident and the insurance company wants me to settlebut I am still having issues with my shoulder, what should I do?

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If I was involved in a car accident and the insurance company wants me to settlebut I am still having issues with my shoulder, what should I do?

Asked on January 19, 2012 under Personal Injury, Tennessee

Answers:

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

Answered 9 years ago | Contributor

You don't want to settle with the insurance company until you have completed your medical treatment and are released by the doctor or have been declared by the doctor to be permanent and stationary which means you have reached a point in your medical treatment where no further improvement is anticipated.  Once you settle with the insurance company, you won't be able to go back later and get more money.  If you have been released by the doctor or declared to be permanent and stationary, obtain your medical bills, medical reports and documentation of any wage loss.

Your personal injury claim filed with the at-fault party's insurance carrier should include the medical bills, medical reports and documentation of any wage loss.  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, which is an amount in addition to the medical bills.  Since you are having residual problems with your shoulder, this would mean an increased amount for pain and suffering compared to someone who is not having residual problems after medical treatment.  If you will need future treatment, that amount discounted to present value should be included in any settlement of your personal injury claim.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the at-fault party/registered owner of the vehicle if the registered owner is someone other than 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 at-fault party's insurance company, you will need to file your lawsuit for negligence against the at-fault party/registered owner prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  If the statute of limitations is approaching, you will need to file your lawsuit against the at-fault party whether or not you have completed your medical treatment because if you miss the statute of limitations, you will lose your rights forever in the matter.


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