Friday, April 9, 2010

request for payment, without prejudice to a lawyer


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A common question lawyers receive from potential clients is whether the client to accept an offer by the defendant, the insurance company shortly after the incident. General insurance test, an early resolution of some, by promoting a relatively nominal settlement, such as $ 1,000 or $ 1,500. It is not my intention, nor are they able to advise someone whether to accept an offer from an insurance company and give them credit. There are,should, however, some considerations that consumers are aware of the first simply accept such an offer from an insurance company.

First, if the consumer accepts the offer to settle their claims shortly after the incident, claim that they know exactly the nature and extent of injuries and the possibility of further medical treatment be necessary. Accept the offer requires the insurance company providing a release. One aim of these publications is always a bar to furtherThe payment to the victim that exacerbated his illness or more serious than originally given at the time of publication and signed believed. Therefore, consumers need to be absolutely sure do not need further medical treatment and the amount they receive is appropriate as compensation for their physical and emotional pain, suffering, scarring, disfigurement and loss of vitality, and all outside-of-cost pocket that may haveincurred up to that date. It also provides that expenses incurred in the future as a direct result of treatment in relation to injuries caused by the incident.

Second, many publications of general insurance companies are prepared broadly sharing the language, not only the insurance company and parties directly involved, but other potentially interested parties whether or not named in the statement. Signing the release of a general nature has the potential to inadvertentlyReleasing claims against the injured uninsured / underinsured motorist carrier, and claims of medical malpractice, which is drawn from the treatment in the accident.

Furthermore, when more significant damage, especially if there is a small personal injury policy for which consumers sometimes sought to avoid a family lawyer for defendants, and she, a working arrangement with the defendant to accept insurance cases, ITS policiesLimits. Sometimes they will do so with the intention that after its agreement with the defendant, they shall be additional compensation for the damage themselves uninsured / underinsured (UM / UIM) motorist policy. This has the potential to avoid really looking capable of causing such damage. You see, Florida statutes require that the notice of UM / UIM motorist carrier before joining with the defendant and give them a release of liability are given. The victim mustthe consent of their UM / UIM carrier occurs before such a system to try to preserve their right to further compensation for their own insurance policy. Florida recognizes a presumption of detriment to the UM / UIM carrier when the required notification and consent should be defined not received.

Consequently, consumers would do well to focus on the advice of a qualified personal injury lawyer before her violation of their right to establishown.

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