Thinking About Accepting a Settlement After a Truck Accident? Four Things to Know First
A truck accident will throw your life into chaos. You will suddenly have to attend many doctor’s appointments, repair your vehicle, and deal with calls from the insurance company. At this time, it can be tempting to accept the first settlement the insurance company offers. While the first settlement offer is typically not the best one, there may come a time when it is advantageous to accept a settlement. Before you do, there are four things to know. Our San Antonio 18-wheeler accident lawyer explains what these are below.
You have the Right to Reject Offers
When the insurance company makes an offer they may make it seem as though you must accept it or walk away. This is never the case. Settlement offers are just the beginning of the negotiation process and you have the right to refuse the offer or make a counter-offer. Insurance companies do not make fair offers right away because they are trying to protect their own revenue. Always have an attorney review any settlement you are offered before accepting it or signing anything.
Settlement Agreements are Final and Legally Binding
A settlement agreement will include a release of liability. This means once you have signed the agreement, the insurance company is no longer responsible for any payments outside of that settlement. You cannot return to the insurance company and ask for more money in the future. Even if unexpected complications arise or your injuries are more serious than you thought, you have legally released the insurer from any liability, and they will not provide further compensation.
Your Injuries May Be More Serious than You Think
A truck accident will result in some of the most serious types of injuries. While many of these will be obvious, others will be more subtle. Your injuries may also not heal as well as expected, or complications may arise. Again, if you have accepted a settlement offer, you cannot return to the insurer in the future when these things happen. For that reason, before accepting a settlement, you should always make sure you have reached maximum medical improvement (MMI), you should ask your doctors whether you will require medical treatment in the future, including the duration, type, and cost, and, if you are still in pain or are restricted from enjoying activities of life, determine how long it is anticipated that you will be suffering from these issues, and what problems are you more likely to develop in the future as your age progresses. Finally, before accepting a settlement, you should consult a lawyer that you trust.
Your Settlement Should Include All of Your Losses
When thinking about a fair settlement offer, you may only examine your out-of-pocket expenses, such as medical bills and lost income. However, a settlement offer should also include compensation for other losses, such as your pain and suffering and loss of enjoyment of life. A San Antonio 18-wheeler accident lawyer can accurately calculate all of your damages to ensure you receive a fair settlement.
Our 18-Wheeler Accident Lawyer in San Antonio Can Help You Receive a Fair Settlement
Knowing whether or not to accept a settlement offer is not easy. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can review any offer that is made and negotiate with the insurance company on your behalf to ensure all of your losses are covered. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation.
Sources:
dol.gov/agencies/owcp/energy/regs/compliance/PolicyandProcedures/proceduremanualhtml/unifiedpm/Unifiedpm_part0/Chapter0-0500Definitions#:~:text=Maximum%20Medical%20Improvement%20(MMI)%20is,or%20without%20additional%20medical%20treatment
law.cornell.edu/wex/negligence
