Settlement Agreement

Should You Accept The Settlement Agreement From The Insurance Company?

When you are involved in a car or motorcycle accident, it’s important to notify the important parties. However, many well-meaning people in California think that means they need to call their insurance company from the scene of the accident. Although you may have good intentions, you don’t need to call your insurance company immediately, and it can actually work against you to do so.  Instead, you should consider contacting a Los Angeles car accident attorney as soon as possible.

Insurance companies – especially the insurance company of the negligent driver – do not have your best interests at heart. As soon as the company learns about your accident, it will begin building a case against you, which could affect your eventual settle agreement.

An accident settlement attorney, however, is fighting to protect your best interests and help you obtain the best settlement agreement possible. It is rarely a good idea to accept a settlement agreement from your insurance company without talking to an experienced attorney first.

Discuss your injuries and settlement agreement with a Los Angeles personal injury attorney who can help ensure you get the settlement you deserve. Call 800-724-6294 to schedule your initial consultation.

Will The Insurance Company Accept Your Claim?

When you work with an attorney to prepare a settlement agreement, the offer should seem logical and fair to you. You know how painful the injuries have been, how much inconvenience the damage caused you and the financial hardships you’ve endured because of the car or motorcycle accident.

However, even though it seems logical and fair to you, the insurance company may deny your claim. Remember, your attorney is working to protect your interests; the insurance company is not. Showing your insurance adjuster that you know the value of your claim can increase your chances of receiving the settlement agreement you deserve.

Why Did The Insurance Company Deny My Medical Records?

Even if all the information in your claim is accurate and honest, the insurance company may still deny your claim. The insurance adjuster may have numerous reasons for denying the claim, and you probably won’t agree with the adjuster’s assessment of your accident and injuries. Working with your attorney can help ensure you respond with facts that help straighten your case. The insurance adjuster may make the following claims that could affect your settlement agreement:

  • You received more medical care than you needed
  • You paid too much for the medical care you received
  • Your injuries are the result of pre-existing medical conditions
  • You caused the accident, so the insurance company owes you nothing
  • You were partially responsible for causing the accident, so the insurance company owes you less

It can be intimidating and insulting to have an insurance adjuster argue against your claim. Thankfully, attorneys know how to present evidence to support claims about your injuries, medical treatment or fault in the accident.

What Does “Pain And Suffering” Encompass In A Personal Injury Settlement

When personal injury settlements are awarded after car or motorcycle accidents, the money is typically awarded for specific things. For example, a settlement may include compensation for medical bills, lost wages, property damage, and pain and suffering.

In order to ask for the appropriate amount of money, it’s important to understand what is covered in each category. Medical bills, lost wages and property damage can all be straightforward. However, how do you assign a financial value to the amount of pain someone has suffered? It may seem like an impossible task, but experienced Los Angeles attorneys who handle accident settlements can help explain how the award is determined.

In car or motorcycle accident settlements, pain and suffering damages compensate victims for the physical and emotional damage they suffer, as well as the negative impact the injuries or accident had on their life. This means victims may receive compensation for:

  • Pain and discomfort because of the injuries
  • Pain and discomfort because of medical treatment to address injuries
  • Temporary or permanent limitations on a person’s daily activities
  • Depression and post-traumatic stress disorder caused by the accident

Determining pain and suffering damages can be emotional and difficult for accident victims. To help protect your right to maximum compensation, contact an experienced Los Angeles personal injury attorney by calling 800-724-6294 to discuss the settlement process and if you could expect to receive a settlement agreement from your accident.

How Are Damages Calculated For Pain And Suffering?

For the person whose life changed permanently because of injuries, it may seem obvious that the accident reduced the person’s quality of life. Regardless, how do you put a price tag on a person’s happiness?

Determining damages for pain and suffering can be extremely subjective, and in some cases, the amount proposed by an insurance company in a settlement agreement may even be insulting to the injured person. To determine the value of the pain and suffering award, insurance companies may multiply the known expenses – such as the medical bills and lost incomes – by another number, called the multiplier.

Several factors influence what number is used for the multiplier. Those factors include:

  • Did aggravating circumstances, such as drunk driving or drug use, contribute to the severity of the accident?
  • How serious are your injuries?
  • How long did your recovery take, or how long is it expected to take?
  • Did you receive the recommended medical treatment?
  • Will you ever recover fully?

Who Is Responsible For Proving The Pain And Suffering?

Like any part of a personal injury case, it is your responsibility (along with your attorney) to collect the evidence needed to prove your pain and suffering. If you are constantly uncomfortable, tell your doctor during your appointments so it is recorded in your charts.

If the pain medication you have is not alleviating your pain, communicate with your doctor. You may feel shy or embarrassed to ask for the treatment you need, but insurance adjusters may take that as a sign that you are recovering well. Finally, keeping a daily log about your injuries and pain can also be useful in receiving the best possible settlement agreement.