It is too early to tell. If your injuries resolve 100%, it would not be unreasonable to settle the claim yourself. If the injuries are permanent, I would recommend getting a lawyer. If State Farm wants to interview you, or wants you to sign papers (they often want you to sign an authorization for them to obtain your medical bills) you are within your rights to say no. You might want to tell them you are still under a doctor's care and will contact them when you are through with treatment. It will not necessarily hurt your case to co-operate with them in these things as they will eventually get your records anyway, and if you sue, they can interview you in a deposition. However, some attorneys prefer to make them get the records and interview in official discovery in a lawsuit. I generally recommend that individuals wait until they know their prognosis before getting an attorney. If they completely heal, they can usually handle it themselves. If you refuse interview, and refuse to sign documents, it is still OK to describe your condition give them and estimate of what your medical bills are to date. They must set reserves of money aside in every case which they cannot invest and they need some information to set reserves Information on what to consider in settling a case appears below: 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
Answered on Jan 10th, 2013 at 12:25 PM