Three Questions to Ask Before You Settle Your Accident Injury Claim

When getting ready to attempt settlement of you car accident injury claim, there are three questions you should ask yourself:

#1 – Are you better?  Unless you are running up against a deadline or statute of limitations is an issue, typically you should not attempt to settle your injury claim until either your injuries from the accident have completely resolved, or you have reached maximum medical improvement (MMI).  In Nebraska, as well as most states, you only get one chance at settlement.  The last thing you want to do is settle an injury claim when you do not know the full extent of your injuries.

#2 – Do you know the extent of your damages?  Don’t settle until you know the complete extent of your special damages.   Special damages are damages that are specifically measurable, such as medical bills and lost wages.  Often times in car accident injury cases, insurance companies will attempt to negotiate a settlement with an injured party before they have finished treating for their injuries, and often an injured party will sign a release without having any idea as to what their total medical bills are.  Before you begin negotiations, you should know the exact amount of your medical bills, as well as any other special damages you may have suffered.  Don’t depend on the insurance company to make sure everything is accounted for.

#3 – Would it be better to wait?  Limitations on actions for recovery regarding an auto accident vary from state to state.  In Nebraska, assuming you are not dealing with a government agency or political subdivision, the usual statute of limitations for an injury claim arising out of a car accident is four years.  If possible, do not be in a hurry.  Even if you feel better in the first few months following and accident, it may be best to wait a few more to make sure any injuries you sustained have completely resolved.

There are other considerations in addition to those mentioned above to take into account when dealing with an injury claim.  Speak with the lawyer handling your accident injury claim regarding any issues that may be applicable to your case.  Your attorney should gather all relevant documentation and help you to make an informed decision regarding settlement.