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It is important to “think twice” before settling with an insurance company without first meeting with an attorney. Some injuries may seem minor following an accident, but later can become very problematic. Foregoing an attorney and attempting to handle an injury case on your own, may seem tempting, but do not do it. 

Insurance company claims representatives may seem like your friends, but remember, they are trained professionals who have been hired to settle your claim while keeping the insurance company costs low. Often, claims representatives will contact the policyholder the same day as the accident and claim to be able to settle a claim quickly. There are many disadvantages to settling without the advice of counsel. 

1. Recorded statement and/or insurance company medical exam. In order to process claims, adjusters often tell injury victims that they need to give them a recorded statement and have the insurance company’s doctor do a medical evaluation. The information you provide the insurance company in a recorded statement and the information learned about your injuries during an insurance company medical exam can be used against you in settlement negotiations and at any forthcoming trial.

2. Time deadlines. There is a Statute of Limitations in personal injury cases. This is a specific amount of time you have to either file a lawsuit or settle a claim with the insurance company. Missing the deadline and not settling your claim may cause you to lose your right to sue the party at fault. Your case is closed after the limitations period is over. Claims adjusters are experts and can prolong personal injury claims for as long as possible.

3. Out-of-pocket costs for medical treatment or lost wages. There are times when an adjuster may argue that since the treatment for your injuries was paid for by your health care insurance and/or your lost income was paid for by the use of vacation/sick days, that you really did not pay anything, and you were already compensated for injuries and lost wages. This being the case, both medical expenses and lost wages may not be included in an insurance company settlement. These payments may fall under Florida’s “collateral source rule” so should be considered carefully. 

If you or a loved one has been injured in an accident as the result of another person, there are many benefits to hiring a personal injury attorney. 

1. Evaluation. A personal injury attorney can evaluate your case and explain your rights.
2. Leverage. A personal injury attorney can provide leverage in dealing with insurance companies to be sure they are not taking advantage of you.
3. Advocate. Personal injury attorneys prepare demand packages that will include reports from doctors, therapists, specialists and medical bills.
4. Negotiate. When an insurance company makes an offer, your personal injury attorney can explain why your case deserves more than the insurance company may be offering.
5. Meet Deadlines. There are deadlines which must be met in personal injury cases, and attorneys know and meet important deadlines. 

“Please contact our experienced team of attorneys at Spivey Law Firm, Personal Injury Attorneys, P.A. We are ready to assist you with your case, and there are no costs or attorney fees until you win,” said Fort Myers Accident Attorney, Randall Spivey. 

Fort Myers Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.