SETTLING YOUR ACCIDENT OR INJURY CASE

Generally you have two (2) years from the date of the accident or injury to settle your injury claim or file a lawsuit.  If more than two years go by without settling or filing, you lose the right to proceed with your case.

If your accident or injury case is against a state, county, city, or any other governmental body, you have to give written notice of your claim to the government body within 180 days of the accident date, or your case can be lost for failure to give written notice.  You must do this even if you are talking to the government body regarding your accident or injury claim.

You should not settle your accident or injury case until you are medically stationary – the point at which your doctor determines you have reached maximum medical improvement.  When you are declared medically stationary, it doesn’t necessarily mean you are 100% improved from your injuries.  It means that you are at a point where the doctor feels you will not improve with further treatment.  When you are medically stationary, you should request a medical report from your doctor.

The value of your accident or injury case depends upon what the doctor’s report says about your injury and any remaining disability, restriction, or future pain and/or disability.  The greater your loss, the more your case is worth.  In other words it can be a good news bad news scenario.  The good news is that you may have not sustained serious injuries.  The bad news is the case may not have a high value because you did not sustain serious injuries.

When dealing with the insurance adjuster, remember that he/she represents the other side – not you!  You should be prepared to justify your settlement demand.