Delray Beach, FL asked in Personal Injury for Florida

Q: my attorney had received an offer which was a 1/4 worth the value of the at faults claim coverage my attorney

My attorney is encouraging me to think more medical treatment and he says it will help to ensure more payout for my claim as opposed to me just closing out now is it true that if I seek more medical treatment I could get a bigger payout or is this a hoax

Related Topics:
3 Lawyer Answers

A: Your case's value is based on its damages. Damages encompass past & future medicals, wages/earning capacity, and pain and suffering (sometimes punitive/punishment damages, but that's rare). However, pretty much all damages are primarily based on the medicals meaning the more treatment you receive/have recommended, typically, the value of the case increases more. You can't be forced to get medical care that you don't want or need; it's ultimately up to you. You should ask your attorney to explain the process better if you don't understand.

Tim Akpinar agrees with this answer

A: I suggest you have a heart to heart discussion with your attorney, as I see a communication breakdown here. You should seek additional treatment if you truly NEED it, not just to increase the value of your case. Experienced adjusters are not stupid and are looking out for claims that appear to be padded by additional, and borderline unnecessary treatment. Obviously surgery and more invasive procedures are different, since most people will not subject themselves to uncomfortable and potentially risky procedures if they didn't believe it necessary. Your lawyer knows to expect a lowball offer at first ( because some attorneys may grab at the low hanging fruit). Let him or her continue to negotiate while seeking your DOCTORS' advice regarding additional treatment.

Good luck

Tim Akpinar agrees with this answer

A: As my colleagues correctly point out, medical treatment is something which is need-based. When viewing a claim the way you describe (one-quarter of the policy), you have to remember that the insurance company is considering many factors in evaluating a claim - some of which have no correlation to percentage of policy limits. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.