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Posted: 12/4/2007 4:13:57 PM EDT
ok as some of you know my Wife was rearended back in Jan of this year. she went to the chiro for neck problems for a while afterwards. car was totaled.

we have already completed the property loss part of it, got the money and replaced the car.

the personal injury part has been ongoing, but the insurance has finally made a reasonable offer and we are going to settle....so far so good.

I have been in wrecks before where I got money from a PI case and remember how easy it was, they brought me a check and I signed for it. what I signed was really short and sweet.

WELL, I just got a letter from this PI case that is a page long of legal crap talking that he wants notorized and mailed back to him before he sends us a check.

I can't even understand half of what this guy wrote. to give you an example the first paragragh is one sentence that takes up 11 lines!

since I have only been in one other PI case this is new to me. my question is: Should I be worried about signing this? I think everything looks legit and I am only signing saying that with this payment the case if complete.

BTW: my wife is now fine.
Link Posted: 12/4/2007 4:20:17 PM EDT
Hope your wife doesn't have any long term health issues.
Link Posted: 12/4/2007 4:23:41 PM EDT
[Last Edit: 12/4/2007 4:24:30 PM EDT by VarmintKilla]
I wouldn't sign anything that would prevent me from collecting for any medical issues that could arise in the future that can be attributed to the injuries from the crash.

If there is an abundance of legalese in the document, and you don't have any idea what you could be waiving by signing it, contact a lawyer to review it.

Hmm, anyone know a lawyer that might frequent these here parts?
Link Posted: 12/4/2007 4:30:06 PM EDT
she is fine, she had some soft tissue pain (whiplash) but she hasn't had pain for over 6 months.

but from what I understand this to read is that I am signing away any further claims. which is what I understand I do anyway when I accept the money.
Link Posted: 12/4/2007 4:57:00 PM EDT
It is my understanding, that, as a rule, in order to receive a check as full settlement, you've pretty much got to sign away any and all future claims. So, after a fashion, it doesn't really matter what you sign......That said, make sure that it does have refernce to your check, how much it will be, AND when you will receive it.

You just don't wanna be signing away your right to the check.....
Link Posted: 12/4/2007 5:04:24 PM EDT
it says <amoujnt> to us in hand paid....

see what I am talking about how it is written, why can't it just say they are going to give us the money and be done with it?
Link Posted: 12/4/2007 5:58:01 PM EDT
I suspect the safest way to handle that transaction is: face-to-face looking at the check on the table in front of ya, with one hand on the check and one hand on the release, as your spouse signs her life away....

What has this world come to???
Link Posted: 12/5/2007 4:57:13 AM EDT
[Last Edit: 12/5/2007 6:20:18 AM EDT by treedawg]

Originally Posted By VarmintKilla:
I wouldn't sign anything that would prevent me from collecting for any medical issues that could arise in the future that can be attributed to the injuries from the crash.

If there is an abundance of legalese in the document, and you don't have any idea what you could be waiving by signing it, contact a lawyer to review it.

Hmm, anyone know a lawyer that might frequent these here parts?


Typically you will not get a settlement check W/O releasing them from any future claims.

That's why it's called a settlement. They are ready to settle the issue and be move on.

TD
Link Posted: 12/5/2007 5:05:33 AM EDT

Originally Posted By gajeep94yj:
she is fine, she had some soft tissue pain (whiplash) but she hasn't had pain for over 6 months.

but from what I understand this to read is that I am signing away any further claims. which is what I understand I do anyway when I accept the money.


That is basically what it is. When a full and final settlement is offered, it is on the condition that you acknowledge that this is a final settlement and no claims can be made in relation to this accident in the future. I am not a lawyer but this is what I experience when I did an internship in an insurance claims department over the summer. If you didn't get a lawyer to help with this case, and you want advice before signing, contact one; the down side of doing so will cost you some money and may delay your settlement. From my experience in my internship, this is a standard process and with an attorney representing you, you would come to the same conclusion, except that the lawyer may be able to negotiate a little more (but not always).

I am glad your wife is feeling better and hope she continues to do so.
Link Posted: 12/5/2007 6:22:46 AM EDT

Originally Posted By treedawg:

Originally Posted By VarmintKilla:
I wouldn't sign anything that would prevent me from collecting for any medical issues that could arise in the future that can be attributed to the injuries from the crash.

If there is an abundance of legalese in the document, and you don't have any idea what you could be waiving by signing it, contact a lawyer to review it.

Hmm, anyone know a lawyer that might frequent these here parts?


Typically will not get a settlement check W/O releasing them from any future claims.

That's why it's called a settlement. They are ready to settle the issue and be move on.

TD


I'm not disagreeing on the point of it being a settlement and that releases them from future claims. My point, put across poorly, was that I would make damn sure that any of the injuries that I did sustain could not lead to future problems as a direct result of it.

For example, if you crack a vertebrae or something in an accident, you get fixed up, settle with the insurance company, and then a few years down the road a problem develops with that vertebrae that can be attributed to the original injury. Now, who is stuck with the costs associated with the ongoing treatment for that? Your medical insurance company? Doubt it, they will say it is a pre-existing condition. Auto insurance company? Nope, signed that route away during the settlement. You? More than likely. Now, nobody has a crystal ball and can say that the back injury I just received is going to turn into a need for me to have titanium rods put in some years down the road, but maybe there is a way for a lawyer to negotiate some leeway into a settlement rather than sign absolutely everything away with no due diligence beforehand.

Anyway, I stayed at a Motel 6 last night, couldn't afford coffee this morning, am not an insurance adjuster, lawyer, or in any way affiliated with an insurance company. I write code for a living (when I have a job that is) and provide consulting services so this makes me completely unqualified to offer advice
Link Posted: 12/5/2007 6:52:33 AM EDT
[Last Edit: 12/5/2007 6:54:14 AM EDT by treedawg]

Originally Posted By VarmintKilla:

Originally Posted By treedawg:

Originally Posted By VarmintKilla:
I wouldn't sign anything that would prevent me from collecting for any medical issues that could arise in the future that can be attributed to the injuries from the crash.

If there is an abundance of legalese in the document, and you don't have any idea what you could be waiving by signing it, contact a lawyer to review it.

Hmm, anyone know a lawyer that might frequent these here parts?


Typically will not get a settlement check W/O releasing them from any future claims.

That's why it's called a settlement. They are ready to settle the issue and be move on.

TD


I'm not disagreeing on the point of it being a settlement and that releases them from future claims. My point, put across poorly, was that I would make damn sure that any of the injuries that I did sustain could not lead to future problems as a direct result of it.

For example, if you crack a vertebrae or something in an accident, you get fixed up, settle with the insurance company, and then a few years down the road a problem develops with that vertebrae that can be attributed to the original injury. Now, who is stuck with the costs associated with the ongoing treatment for that? Your medical insurance company? Doubt it, they will say it is a pre-existing condition. Auto insurance company? Nope, signed that route away during the settlement. You? More than likely. Now, nobody has a crystal ball and can say that the back injury I just received is going to turn into a need for me to have titanium rods put in some years down the road, but maybe there is a way for a lawyer to negotiate some leeway into a settlement rather than sign absolutely everything away with no due diligence beforehand.

Anyway, I stayed at a Motel 6 last night, couldn't afford coffee this morning, am not an insurance adjuster, lawyer, or in any way affiliated with an insurance company. I write code for a living (when I have a job that is) and provide consulting services so this makes me completely unqualified to offer advice


If he is concerned with future problems arising from the accident then he shouldn't settle. Get a through examination from a Doctor you know and trust. If he gives you a clean bill of health I'm not sure what more you can ask for. There are few if any guarantees in life, more especially in the personal health department.

They are not going to give you a lump sum settlement unless you are willing to "let them off the hook".

I'm not a lawyer, but I do know business and how how it works.

Please don't misconstrue this as legal advise because it's not.

TD
Link Posted: 12/5/2007 9:22:54 AM EDT

Originally Posted By gajeep94yj:
she is fine, she had some soft tissue pain (whiplash) but she hasn't had pain for over 6 months.

but from what I understand this to read is that I am signing away any further claims. which is what I understand I do anyway when I accept the money.


I'd feel a lot better about a diagnosis from her injuries, if she'd gone to a real Dr., instead of a quackopractor. Insurance companies know that folks who depend on chiropractors for documentation of injuries in p.i. cases generally are scamming.
Link Posted: 12/5/2007 11:14:47 AM EDT
Link Posted: 12/5/2007 11:15:45 AM EDT
[Last Edit: 12/5/2007 11:16:18 AM EDT by VarmintKilla]

Originally Posted By DKing:


Heh. You don't count, unless of course you have an icon of you running behind an ambulance
Link Posted: 12/5/2007 12:47:41 PM EDT
I was in the hospital this morning. Good enough?
Link Posted: 12/5/2007 12:57:14 PM EDT

Originally Posted By DKing:
I was in the hospital this morning. Good enough?


That'll work
Link Posted: 12/5/2007 1:04:46 PM EDT
she was released by both the quackpractor and the "real" doctor. I am pretty confident that she is fine now. thanks for worrying about her.

they are saying that we can't come back to them later and that we can't sue the company who hit us. that part I expect, just alot of words said just to get that point across.

they also said that this settlement wasn't an admission of guilt it was a settlement of a dispute....

we have already settled the property damage and this is the PI part.

they are handled completly seperate so the payment in full for the PI doesn't count the money for the property...right?

we signed it, had it notorized and sent it in.
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