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Should You Settle Your Fall Claim Without a Lawyer?

You definitely do not need a lawyer for every injury claim involving a fall. While there are no hard and fast rules, someone may be successful in settling a small case that does not involve serious injury. A small case will generally have an injury that does not significantly impact your quality of life and relatively minimal medical expenses.

A small case is one in which most experienced injury lawyers would not undertake on behalf of a client because of a relatively small recovery to be obtained. In deciding whether you would consider settling your case on your own, let me give you some things to keep in mind.

There are some considerations you should be aware of before accepting an offer from an insurance company.

First, if you decide to accept an offer to settle your claim, you are assuming you know the nature and extent of your injuries and whether any further medical treatment will be necessary. Accepting an offer from an insurance company, or from a self insured business, will require giving them a release of liability. The purpose of a release is to forever bar any further payment, even should your medical condition become worse, or be far more serious, than originally believed by you at the time you signed the release. Therefore you must be absolutely certain you will not require any further medical care.

The amount received must fully compensate you for physical and emotional pain, suffering, scarring, disfigurement, emotional distress and loss of the enjoyment of life as well as any unreimbursed medical expenses, future medical expenses, lost wages and wage earning capacity.

Second, many general releases prepared by insurance companies are broadly worded. They include language releasing not only the insurance company and other potential parties whether named in the release or not. Signing such a broadly worded release has the potential of, unintentionally, releasing claims against others who could have responsibilities for your injuries. Bear in mind these releases are written to protect the interests of the party who drafted it, not you. Read them carefully!

Finally, most people have virtually no experience concerning what an injury claim is worth. You should be very wary of relying on any reputations of value suggested by the opposing claims adjuster. Remember, the adjuster's sole goal is to settle your case for as little money as possible. They will not be rewarded by fully compensating you for your injuries.

As you read my book, it should become clear most injuries resulting from a fall (spine injury, such as a herniated lumbar disc, head injury, knee injuries including patella fracture) will require the assistance of a lawyer experienced in handling injuries in fall cases. Unless you feel confident you have some unusual training and experience, most people do not have the background required to protect their interests when dealing with a trained adversary who is working to minimize their recovery.

The insurance adjuster's first goal is to pay you nothing. If they must pay you, they want to make sure it is as little as possible.

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