BAchme wrote:
Curious guys, educate me here. Why do I need to hire an attorney when the company immediately told me that they would cover any medical expenses as well as my equipment? My CPA has given me the name of an attorney, and I have left her a message, but I guess I am still wondering why it's needed.
Would appreciate any insight here! I seriously just want to heal and get back to life!
I do not believe it is ethical to make claims that do not exist. In many cases, people who are in traffic collisions falsely allege injuries which is part of the calculation of damages such as pain and suffering. It is also irresponsible, if not stupid, to not make claims for damages that do exist.
But, the moment you sign a settlement agreement, your case is closed for ever. It cannot be reopened. If, by some chance, you should wake up one day with pain, say in the back, and a physician diagnoses damage attributable to the collision, then since you signed a settlement, you would have no recourse. And your insurance will not cover damages that are attributable to someone else's negligence. How would this work in your favor? Sign off on the collision, then find out, "wait, you need kyphoplasty on your back to stop the pain that has popped up." Write a check for $30k because you signed off the claim without knowing what you were doing?
I assume you are not a physician. You did not mention the extent of your injuries. I am assuming you are early in this process...do you know what the diagnosis is, the treatment will be, how long the recovery will be, long-term effects, if any? You say you want to recover and get back to life...what does that mean? What if you are older (me) and your life is altered because of the accident? Who knows? Do you?
Further, you say the company has agreed to pay for medical, etc...but they have insurance...what they say also matters. Do you think this agreement to settle the case will be a handshake or written by their legal team. Do you think the opposing attorneys will craft the agreement in their favor or yours? And there is also a statute of limitations on making a claim and a ways to "toll" that statute, probably by making a claim. What if you find out you have medical bills that they want to dispute? Then what? In this matter, it appears you do not know what you do not know. Do not claim more than you need but nothing less. You are sailing in waters that you do not know how to navigate.