John was rear-ended in a motor vehicle accident last August. He reported to the emergency room who diagnosed him with a concussion, acute cervical strain and a left knee contusion. Days after the accident, he received a letter in the mail from the insurance company of the man who slammed into him. They were “investigating” the accident. After it became clear that the accident was not John’s fault, an insurance adjustor contacted John and offered him $1500 to settle his personal injury claim. John accepted.
A few weeks later, John began to experience severe headaches. He went to a neurologist who diagnosed him with post-concussive syndrome related to the accident. These headaches continued unremitted for two years significantly impacting John’s quality of life. John missed so much work because of the headaches that he was eventually fired. He lost nearly $24,000 in lost wages. He had to struggle with unemployment for nearly six months before finding another position where he had no choice but to suffer through the work day with debilitating headaches.
In addition, John suffered a straightening of the lordotic curve in his neck. Years later he developed an arthritic neck from the acute cervical strain he suffered in the accident.
Despite what seemed like an innocuous bruise to his left knee, John continued to experience pain in his knee. He eventually saw an orthopedic doctor who diagnosed him with traumatic chondromalacia patella which is a degenerative condition of the knee where the cartilage wears away. He had to undergo an arthroscopic knee surgery and eventually required a total knee replacement.
Between the treatments for his headaches, neck pain, and knee pain and subsequent surgery, John incurred $65,000 in medical bills and lost an additional $8,000 in wages from time he had to take off from work to recover from knee surgery.
John’s specials for his personal injury claim totaled over $97,000 but John settled his claim for $1500. Insurance companies will often try this tactic because it is most beneficial for them to settle claims for the least amount possible. Prematurely settling a claim before the full extent of your injuries is known is never in your best interest. Injured parties should be aware of unsolicited premature settlement offers. Also, if an insurance company ever tries to tell you that you do not need to hire an attorney, they are breaking both Massachusetts and New Hampshire law by offering legal advice when they are not a qualified attorney. Hiring a lawyer will preserve your rights and often times will increase settlement offers on your claim. Don’t be hung out to dry. Contact the Law Offices of Edward F. Wallace today for your free consultation and preserve your rights to your bodily injury claim, lost wages, and pain and suffering.
But wait there’s more! What happened to John’s vehicle? John’s car was deemed a total loss because the impact bent the frame of the vehicle. According to Kelly Blue Book, John’s vehicle should have been worth $7,500. The property damage adjuster offered John $6,000. John cashed the check. By cashing the check, John was “accepting” this $6,000 offer as full and final payment for his property damage. He was unable to make a claim for the $1500 additional value of his vehicle.
Mary was just as unlucky. She was t-boned by a vehicle that ran a stop sign. She suffered significant injuries to her shoulder. Her car was also totaled. She was offered $8,000 for her vehicle which seemed a fair value for her used car. She cashed the check and signed the release which is suppose to “release” the insurance company from any further claims regarding her vehicle. Mary did not read the fine print. It turns out that the release “released” the insurance company from ALL claims. Therefore Mary was unable to make a bodily injury claim and recover any money for her shoulder injuries, lost wages, or pain and suffering. While this tactic is no longer very common, some companies still try to employ it. A lawyer would have been able to assist Mary in her claims and would have noticed the specific language in the release which prevented Mary from making any further claims. By hiring a lawyer, Mary would have preserved her rights to her bodily injury case.
Don’t let insurance companies get the best of you. Contact the Law Offices of Edward F. Wallace today for your free consultation and preserve your rights to your bodily injury claim, lost wages, and pain and suffering. If you were injured in Massachusetts or New Hampshire, call 888-339-2889 for your free consultation. All cases are on a contingency basis. We don’t get paid unless we recover money for you.
