How far can you go with the insurance for a settlement?

Get your own lawyer. Don't rely on the insurance company to tell you the truth.

You should never settle your claim without knowing the full extent of your injuries. Dealing with insurance companies without an attorney is also rarely advisable.

You need to know what the doctors say about permanency, about future medicals, you need to know what all your bills tote up to, you need to know about the liability aspects. You need an experienced personal injury lawyer to help you. the insurance company will take advantage of you every time their job is not to help you. their job is to save money for the company.

It's had to say without knowing the facts of the accident, liability issues, the extent of your husband's injuries, any pre-existing issues related to those portions of his person injured in the accident, etc.

I would suggest that the case not be settled until treatment has been completed. I suggest you consult with an attorney to discuss the facts of your case and to ensure the best possible outcome.

You shouldn't settle without consulting a lawyer. If the statute of limitations is looming, get an attorney ASAP. The 54% statement is bs.

Answer: A claim involving back surgery, which I'll assume means spine surgery is an extremely serious claim and one in which a layperson has no business trying to handle on their own. You need to find a personal injury lawyer, with significant experience and resources who can handle the claim properly. It's that simple; if you live in Iowa we would happy to speak with you.

You need an attorney. Even after paying the contingency fee, you will still most likely end up with a lot more money than trying to handle it on your own. I would be happy to speak with you about it for free with no obligation.

Please rephrase your question. When you say "the insurance wants to settle his case" is this a worker's compensation matter? Worker's compensation calculations are based on disability, not pain. "54% more than what the case is worth." Why do they claim it's really worth 54% less? Why 54%? Why are they offering more than what it's worth, if they think it's not worth as much? Why do you think its worth more? What does your lawyer say? If you don't have lawyer, then that answers the question as to what you should do.

Hire an attorney.

Find an experienced personal injury right away. Do not believe what the insurance company says without independent review. They have different interests from yours.

You should probably think about retaining an attorney. The insurance adjuster is not on your side and has no obligation to be fair. He cannot honestly say that he is offering 54% more than it is worth because there is no formula for what a case is worth and no one can be that precise (it is about as subjective as judging a beauty contest). Furthermore, until you are finished with medical treatment, it is premature to settle. You have three years from the date of the accident to file suit, two years if it against the government. Below are some things to consider: I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, ?I suffered two broken ribs, or ?I am now suffering back pain?, or ?I hurt my leg and had to have surgery? and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say ?I?m hurt?, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen?s terms, this is often referred to a ?being released by the doctor?. This term is most often used in the context of a worker?s compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering ? until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged

I am assuming this is a Workers' Compensation claim. If he has exhausted his Temporary Disability benefits (2 years max) and does not think he will improve, he may want to settle IF he is not also receiving Social Security Disability benefits. If he is receiving SSDI benefits, or is likely to be receiving them in foreseeable future (because his disability is so great and he has limited or no transferable job skills) then he cannot settle until there is a Medicare Set Aside analysis done. All of this is quite complex and, in all sincerity, you cannot manage this kind of case without legal counsel. We are available if you are near Orange County.

First of all, I am sorry to hear about you and your husband are dealing with. Secondly, and very importantly, whatever you do, do not accept any settlement amount, from this insurance company, without first consulting with a local personal injury attorney. Thankfully, some personal injury attorneys, like myself, offer free consultations, in reality, you have nothing to lose by talking to an attorney before taking another step in this matter. The reason for this is that and, many attorneys will agree with me on this you should always have an attorney on your side when dealing with insurance companies (and their adjusters). It is amazing how differently they handle claims when dealing with an attorney, as opposed to an individual with no knowledge of their legal rights (at no fault of their own). Please do not hesitate to contact us if you have any other questions or concerns.

Is this your insurance or the person's that hurt your husband? You probably need to talk with an attorney to make sure that the statute of limitations does not run on your claim.