Self Representation: Effects of a Settlement and Other Challenges

I have received many calls from accident victims who are repesenting themselves.  One common question is  "want happens if I settle...

I have received many calls from accident victims who are representing themselves.  One common question is  "want happens if I settle and I have more injuries and damages than I thought I had"?  Frequently the questions is phrased in the following manner; "if I settle with the insurance company and then I don't get better, what happens to me?"  Hopefully this question is asked before a settlement has taken place.

Once an Insurance Settlement is Reached, It's Over

The simple answer to this question is when the case is "settled' it is "settled" and you must live with the insurance settlement.  There are very, very few exceptions to this rule.

Most people know this, but still the question comes up frequently for any number of reasons.  Sometimes the insurance adjuster talks the accident victim into a personal injury insurance settlement so he/she can close the file.  Other times, the victim wants to have an accident injury settlement so she/he can get some quick cash to pay bills they are coping with.  Other times people simply desire to put the whole matter behind and get on with life. 

What to Consider before Settling

Before an injured person settles with an insurance company, they need to know what their damages are and they should know they are negotiating a personal injury settlement amounts they will be satisfied with in the future.  They should ask themselves the following questions:

1. Is my physical injury permanent, or is it a temporary injury which has healed up?  A permanent injury is should be taken much more seriously than a minor bang or bruise which has healed.  Those are the injuries which will be with you the rest of your life and which will require future medical treatment.
2. Do I know what all the medical bills will total, and will I get enough money from the settlement so they can be paid? You do not want any surprises after you reach a settlement.  Check with all the doctors offices, hospitals and bill collectors before you release the insurance company.
3. Do I really know what my medical condition is?  Since you will only be entitled to compensation for damages which were caused by the accident, you need to have a good understanding of just what symptoms were caused by the accident and which were not.  Talk to your doctor.  Get clear answers from the doctor as to whether you have healed up, whether you need more treatment and whether there is a medical reason not to settle.
4. Will your health insurance company or some other insurance company want part of the settlement funds?  Your own insurance company may be claiming a subrogation interest in money you get when you sign a release.  Know in advance what to expect in this regard.
5. When does the statute of limitations run out?  Do not wait so long to settle that the statute of limitations runs and you loose your right to make a claim.
6. Should I settle now or wait a while longer?  If you are on the fence, call an experienced personal injury attorney and talk.  He or she can give you some guidance.  If you do not want to hire an attorney to handle the case, hire the attorney as a consultant to give you some advise to help you make the decision on whether to settle now or wait. 
7. What if I done nothing?  What ever you do, don't just do nothing.  Time will over take you and you will loose your claim.

Self represented injured people must consider a lot of factors in handling their own injury cases; whether to settle, when to settle, the amount of settlement, and how to negotiate the best settlement are just a few of the factors to be kept in mind.  Sometimes, it is just easier to hire an attorney to do the negotiating and talking for you.  If you make that choice, make sure you hire an experienced attorney who can and will get the best possible settlement for you.

I have more than 30 years of experience in litigating all types of injury, death and property damage claims.  If you need legal counsel, call me at (907) 929-4890 or (907) 227-7529 (cell) or email me at Elliott@attorneydennis.com.