If a company vehicle-rear ends you and admits to total fault, do you just go after the insurance company or do you also file a letter of intent?

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If a company vehicle-rear ends you and admits to total fault, do you just go after the insurance company or do you also file a letter of intent?

It’ a $1M policy and the injuries include rotator cup and torn muscle along with herniation of C4 – C5. We were asking for $750,000 and they have offered $35,000. The victim has been ruled to be 15% total permanent disability. Should a letter of intent also be sent to the company that hit me as well as talking with the company’s insurance? Should I speak with a personal injury attorney? In Indian River County, FL.

Asked on January 26, 2011 under Personal Injury, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Let me start by saying that you have nothing at all to lose by seeking consultation from a personal injury attorney on the matter as the consultation is free.  Now, the value of an injury is based not upon the amount of the policy available but what the verdict value in your area will sustain. A good personal injury attorney will be able to tell you that based upon the facts of your case. Make sure that you explain that there has already bee an offer and how much it is.  If attorneys in your area get a third of the settlement or verdict then you understand that the attorney has to get you about $60 in order for you to walk away with the amount you were offered now (there are costs involved that come off the top). Who ruled that the injured party has a 15% total permanent disability? It is helpful if it is a respected source.  Good luck to you.


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