From time to time, my clients will say, “I don’t want to sue anyone…I am not a litigious person….”
We will only advise our clients to file a lawsuit when the facts of the case or the insurance company’s offer warrants it. It is important to note that 98% of our personal injury cases settle before filing a lawsuit.
Sometimes a case is too complex, is too close to statute, the insurance company’s settlement offer is unfair, or the facts requires further investigation and so the case must/should be filed.
Most auto accidents, when handled correctly, should settle. Many problems arise when a lay person “plays lawyer.” There are so many tricks that insurance adjusters use in order to devalue your case.
The first and biggest mistake many people make is giving an insurance company a recorded statement. Sadly, I have seen many people destroy their cases with a few off the cuff remarks. Most clients don’t think they have done any damage to their case with a recorded statement… Unfortunately, this is not the case.
For example, in a recorded statement, an insurance adjuster will assuredly ask you where your pain is located. If you state, “ my neck and upper back”…… A few more weeks and some additional treatment go by and you realize that the pain has radiated (moved) down to your lower back. Do you think that an adjuster will give you credit for the lower back treatment and pain? Of course they won’t.
(If they do, it will be a fraction of its value and they will remind you and replay to you your statement where you mentioned that the pain was limited to your neck and upper back only.) An insurance adjuster’s job is to pay as little as possible on your claim. Unless you are a lawyer, and a personal injury lawyer at that, it is not wise to tackle your injury claim on your own. Read more about what to do if an adjuster asks you to give a recorded statement.
Call us at 472-FUNK and I would be glad to personally discuss your accident with you. Thank you for your time.
—Attorney Funk
Be sure to check out What If A Loved One Or Friend Is Responsible? I Don’t Want To Sue Them, But My Medical Bills Are Piling Up!
