What Happens if You Don’t Accept an Insurance Settlement Offer?
Being injured is bad enough on its own, but what’s even worse is when it’s someone else’s fault and you end up with huge medical bills and a measly settlement offer that won’t cover them.
A trip to the hospital can cost thousands of dollars. Your emergency room visit alone may run up a bill as high as $11,000—and that’s without accounting for other expenses like ambulance rides or surgery.
It’s frustrating when an insurance company offers you a settlement for your medical bills that don’t come close to paying what your treatments cost. Luckily, you don’t have to accept their offer, and you might even get them to suggest something better. Read on to learn more about your options for settling with an insurance company.
How to Reject a Settlement Offer?
You can reject a settlement offer by simply turning it down. If you’re represented by an attorney, you can advise them to decline for you.
If you’re not represented by an attorney, then there’s nothing stopping you from rejecting the offer yourself. But if this is your first time dealing with insurance companies, it’s a good idea to consult with a reliable lawyer who can help you decide whether the terms of the deal are fair.
Keep in mind that once you reject a settlement offer, it’s final. You can’t change your mind later on and decide to accept it. If the insurance company wants to make a new offer, they’ll have to do so from scratch.
How Long Do You Have Before a Settlement Offer Expires?
The insurance company will give you a deadline by which they expect you to accept or reject their settlement offer. This date is usually somewhere between 30 and 60 days after their investigation. If you haven’t decided within this time frame, the company will revoke the offer.
It’s not unusual for companies to leave off deadlines and hope for a timely response. In this instance, the company can withdraw the offer at its will.
Is There a Benefit to Rejecting a Settlement Offer?
Rejecting a settlement offer from an insurance company has some benefits. While there are no guarantees that you will get better terms than the ones they have presented you with, it’s possible that you can negotiate for more money. If the insurance company thinks your case is strong, they may give in and offer higher pay.
Can You Get a Second Settlement Offer if You Reject the First One?
You absolutely can get another personal injury settlement offer if you reject the first one, but it depends on the strength of your case.
If you’ve rejected an offer from the insurance company and they are willing to negotiate further, they will probably come back with another number that is closer to what you were hoping for. However, companies may not always be willing to change their initial offer. If this happens, you can still work toward getting as much money as possible out of them in court through litigation.
What to Do After You Reject a Settlement Offer
If you think the insurance company might change its mind and offer more than the amount they submitted before, it’s worth waiting to see if they do so. Otherwise, bring in a lawyer and go back into negotiations with them to see if they can come up with a better deal or convince them to accept one of your ideas.
If that doesn’t work out either, then it’s probably time for another legal move: suing them. Here are some things to keep in mind if you choose this route:
Document All Communication
The more documentation you have of the communication between you and the insurance company, the better. If they offer a settlement amount and then change their mind, for example, you’ll want to have records of why. This should be enough evidence to help your case or at least raise questions about how accurately they investigated your claim.
Remember to respond to the insurance company politely. This will help when it comes time for court proceedings because it shows that you were acting in good faith and genuinely trying to reach a solution.
Confirm That You Followed the Correct Reporting Procedure
Filing a claim with an insurance company is always tricky—you need to understand the exact reporting procedure or you risk a lowball settlement offer. But following the rules can do more for your claim than you think.
You can also use it as evidence that you did everything by the book. The insurance company may not offer what you deserve, but you can show that you took all possible steps to receive the right compensation for yourself and your family.
Find an Experienced Attorney
You can represent yourself in court, but personal injury cases can be difficult to navigate on your own. With the right attorney by your side, all the legal details are taken care of for you.
They’ll provide you with the best possible chance of winning your case. During your suit, they’ll make sure that all the evidence is in place, that the right people are called to testify, and that you get fair payment for your injuries.
However, not all attorneys are equal, so find a firm with several years of experience and personable lawyers who will take the time to help you through every step.
Get the Settlement You Deserve With Our Help
If the insurance company is offering you a smaller settlement offer than you deserve, don’t agree to it. A personal injury lawyer can help you get the settlement that fits your case and your injuries.
Call an attorney from RHINO Lawyers to learn more about what they can do for your case and how they will fight for your rights. Our goal is to get you fair and just compensation for what happened. We will ensure that no one takes advantage of your situation.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Mistakes People Make When Speaking With Doctors After a Crash
Did you know that three million people are injured in car accidents every year in the United States? Or that around two million drivers sustain permanent injuries?
What comes after a car accident may be confusing and outright scary. It’s easy to accidentally make a mistake when speaking with your doctors. Finding the right things to say and do could be hard in a situation like that.
If you’ve been in a car accident and are looking to avoid mistakes, you’ve come to the right place. We’ll tell you everything you need to know so that you can speak with medical professionals without slipping up.
Common Car Accident Injuries
When you’ve been in a car accident, you’ve experienced injuries that you might not realize right away due to the adrenaline in your system. Be aware of these injuries so you can get proper car accident treatment.
The most common injury after a car accident is whiplash. This is caused by your neck moving back and forth when the car impacts. You may experience pain, stiffness in the muscles, and difficulty moving your neck.
Another common injury is concussions. These are caused by some type of force to the head. Concussions vary in severity, but common symptoms you might notice are headaches, confusion, and trouble focusing.
Also common in car accidents are back injuries. These can be hard to detect or seem mild at first. However, if left untreated a back injury could progress until you gradually become paralyzed.
For these reasons, you should never assume that you’re alright after being in a car accident. Adrenaline or failure to notice these injuries can lead to complications that are easily preventable through examination.
Why You Need Immediate Medical Care
After a car accident, paramedics will usually show up with the police. It’s important to answer all of their questions and let them examine you. As said earlier, an examination can prevent hidden injuries from hurting you worse.
The quicker an injury is diagnosed, the quicker it can be treated. Immediate medical care can protect you from long-term or permanent injuries as a result of a car accident. It will also save you a lot of pain and suffering as a result.
However, there are more reasons than physical health to receive immediate medical care.
For example, if you’re pursuing charges, you may be asked to have a compulsory medical exam. These are typically requested when the severity of your injuries or their cause is in doubt. Having an immediate medical exam on file can protect you.
You may still need to take a compulsory medical exam, as they are different from independent exams. However, building up a history will help to show that the cause of your injuries and their severity should not be doubted.
Lastly, immediate medical care can prevent you from becoming traumatized. Having a space to talk about your emotional and physical pain can prevent you from developing PTSD or other mental health problems.
Dealing With Doctors After a Car Accident
Knowing what to do when it comes to your doctors is one of the easiest ways to prevent mistakes after a car accident.
One of the biggest mistakes you can make, besides not going to a doctor at all, is to go to the wrong doctor. After a car accident, you should always be seen in the emergency room.
If necessary, you should also be seen by doctors who specialize in car accident treatment. This will help you to ensure that your recovery goes as smoothly as it can.
Next, make sure you attend follow-up appointments. These help your doctor see how you’re healing, as well as see if any other medical problems have developed. If they have, they can be treated.
Pay attention to what the doctor says and keep detailed records if needed. This will help both with your recovery and a potential car accident claim. Keep a filing system to make this easier to manage.
Next, always be honest about your medical history. This includes medications, previous health issues, current symptoms, and anything else that you can think of. Making sure your doctor is aware of your medical history could save your life.
Hiring a Car Accident Lawyer
Once you’ve received immediate medical treatment, it’s time to take the next step: filing a car accident claim. When doing this, you should also hire a car accident lawyer.
Car accident treatment is expensive, as are the medical appointments and everything else that comes after a car accident. You should not have to bear the brunt of this alone.
Hiring a car accident attorney will help you to build your case. They can find proof that you were not at fault, as well as proof that you suffered and need compensation. Plus, your attorney can defend you in court if proceedings escalate that far.
They can also help you go over the fine print in any insurance paperwork that you might have to sign.
Schedule a Consultation
Now that you’ve heard what to do when it comes to interacting with doctors after a car accident, you’re ready to hire a car accident lawyer. This is a necessary move because it helps you for reasons outlined earlier in the article.
If you’re looking for a car accident lawyer right now, then look no further. We offer free consultations on cases, and we work to defend your rights. Even better, we only charge if we win your case, so you don’t need to stress over finances.
Schedule a consultation with us today to see what your options might be!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Will My Insurance Cover Physical Therapy After a Car Accident in Tampa?
Are you wondering how to afford treatment for your car accident injuries?
If you’ve been in a car accident in Tampa, you need to seek out medical treatment as soon as possible. If you don’t, you run the risk of suffering from long-term injuries and experiencing complications.
For many people who get injured in car accidents, physical therapy becomes an essential part of their treatment. Physical therapists guide patients through a series of motions designed to strengthen injured body parts and help the person regain movement.
But many people worry about affording their treatments. If you’ve been in an accident, you might not know who’s responsible for paying for your treatments.
Below, we’ll get into whether insurance will pay for your physical therapy. Keep reading so you can save money!
Will the Other Driver’s Insurance Pay?
When you get into a car accident in Tampa, you might be able to get the other driver’s auto insurance to pay for your physical therapy.
To do this, you’ll need to exchange insurance information with the other driver. Take pictures of their insurance card and let them do the same to yours. Then, give the insurance company a call. Let them know you’ve been in an accident with one of their drivers and would like to file a claim.
You should call the insurance company as soon as possible. Doing so will kickstart the process of getting your claim processed. The insurance company may ask you to take photos of the damage to both vehicles. These pictures will help them in their investigation of the incident.
During the investigation, they will try to determine who’s at fault. If they find their customer caused the accident, you will be entitled to have your bills and damage paid for. They may also determine that their customer was partially responsible for the incident, in which case you would get some settlement payment as well.
Will Your Insurance Pay?
If you’re at fault for the accident, you might not get money from the other person’s insurance company. Fortunately, though, your auto insurance company may pay to cover your injuries.
As long as you continue to pay your premiums, you’ll have access to insurance that will help you out if you get into a car accident. Most insurance plans cover auto repairs and will pay for accident-related healthcare.
If you’re unsure of what your insurance policy will pay for, call the customer service number on your card. There, you’ll have the opportunity to speak to a customer representative and ask if your insurance covers your injuries.
What if your treatment exceeds that covered by your car insurance? Take a look at your health insurance coverage. Your plan’s benefits may cover physical therapy for disaster-related incidents. However, every insurance plan is different. Your health insurance may limit how much they’re willing to pay for treatment.
No-Fault Insurance
Fortunately, in Florida, every car owner needs to purchase a no-fault insurance policy that covers at least up to $10,000 in damages. “No-fault” refers to the fact that it doesn’t matter whether the other person was at fault or not. All injured parties will get compensated up to a specific amount.
However, not everyone in Tampa has no-fault insurance. Often, drivers who don’t have insurance don’t purchase it because they can’t afford it. So, it’s important that you make sure your insurance policy is no-fault. That way, you’ll get covered even if you’re at fault for the accident.
How to Get More Out of Your Car Accident Claims
Sometimes, auto insurance coverage won’t cover all of your physical therapy charges. Instead, insurance companies often try to pay as little as they can. As a result, you might not get as much money out of your car accident claims.
That’s where hiring a personal injury attorney can come in. Personal injury lawyers who focus on car accidents will help you secure a better settlement by filing a lawsuit on your behalf. They will also gather evidence and listen to accounts from firsthand witnesses to establish your case.
Most car accident lawsuits settle outside of court. People often get thousands, sometimes millions, more than they would have if they didn’t pursue a lawsuit.
Even if your case does go to court, though, your lawyer will present the evidence and argue your case to the best of their ability. Then, the judge will hand down a verdict, and if you win, you’ll walk away with compensation for your injuries.
So, it’s important to find the right lawyer to represent you. The best attorney will have lots of experience navigating the car accident claim process and negotiating with insurance companies. They’ll also have great reviews from former clients and lots of respect in the field.
In a Car Accident in Tampa?
If you’ve been in a car accident in Tampa, it’s essential that you call an attorney as soon as possible. That way, you can get the process started and get your money quicker.
Looking for an excellent legal team? That’s where we come in. We make it our mission to form a personal partnership with every single one of our clients. Our lawyers will fight on your behalf and be there for you every step of the way.
Want to learn more about what we can do for you? Schedule a free consultation!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Lakeland Florida Car Accident Statistics
Few things make Florida residents feel as helpless as scary car accidents.
In Lakeland, drivers encounter careless and reckless drivers on busy routes like Interstate 4 and along Memorial Boulevard on every trip. A distracted driver’s lack of focus can end up causing frightening crashes and leave you or a family member recovering from a major injury.
In order to track the frequency of dangerous car accidents in Polk County, RHINO Lawyers of Lakeland studied accident statistics from the past five years. It’s the best way to determine if safety on Lakeland roads is improving or if more effort is needed to keep motorists safer.
Florida Traffic Accident Statistics for 2021 and 2022
Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) tracks car accidents across the state each year. As of the first week of October 2022, they’ve documented over 287,000 traffic accidents on Florida roads. Those accidents are blamed for over 182,000 injuries and a tragic 2,521 deaths
That compares with 2021 numbers when 401,501 traffic collisions were recorded in Florida in total. Those accidents were responsible for injuring almost 300,000 victims and led to the tragic deaths of 3,733 people.
Lakeland Car Accident Statistics for 2022
Lakeland doesn’t have quite the reputation for crazy traffic that places like Orlando or Tampa have, but Polk County still sees thousands of preventable car crashes every year. Unfortunately, a lot of reckless drivers travel between both cities and across Polk County. Drivers and passengers are hurt and local families suffer the consequences.
So far in 2022, the FLHSMV has tracked 9,613 motor vehicle crashes across Polk County. That’s according to numbers collected through October 6th of 2022.
This is a look at how Lakeland accident numbers have surged over the past five years:
There’s a way to go before this year’s numbers reach the elevated levels of 2021. In 2021, over 13,000 accidents were recorded on Lakeland and Polk County roads. That figure was at least a thousand accidents more than any of the three previous years.
Sadly, 2022 crash statistics still have time to match or surpass 2021 figures. Generally, over the past couple of years, October, November, and December have proved to be the months that see the most accidents out of all 12 months.
Lakeland Fatal Car Accidents in 2022
The surge in car accidents in 2021 was followed by a surge in fatal incidents as well. 2021 collisions in Lakeland were blamed for 181 heartbreaking deaths and over 9,000 injuries. That was well over 2020’s figures that documented almost 7,500 injuries and 134 deaths.
Over a five-year span, Polk County accidents remained steady until a sudden and tragic rise occurred in 2021:
Lakeland Car DUI Accidents in 2022
Polk County drivers might cause accidents when they stare at a cell phone instead of the road. They may also travel too fast for conditions and end up losing control. These mistakes in the lanes are regrettable, but even good drivers can make bad choices.
It’s harder to forgive the local drivers who decide to get out on the roads after taking drugs or consuming alcohol. Every other motorist on the highway has their safety put in jeopardy by the presence of an impaired driver.
Unfortunately, cases of drunk drivers causing accidents don’t seem to be a hazard that will be going away anytime soon. Crashes involving alcohol-impaired drivers rose dramatically in 2021.
WTSP-TV out of Tampa reported that Florida ranked 10th out of all states for the worst drivers in America. That ranking considered factors like DUI arrests, deadly accidents, and hit-and-run dangers. The research showed that Florida recorded 9.4 fatal crashes involving a drunk driver per 100,000 drivers. Georgia had the same report card with 9.4 fatal crashes, while Louisiana reported 12.2 alcohol-related fatal crashes per 100,000 drivers.
For cautious Lakeland drivers, it’s important to note an uptick in alcohol-related deaths on Lakeland roads in both 2020 and 2021.
Lakeland Hit-And-Run Accident Numbers in 2022
The WTSP report also reveals that about a fourth of all Florida drivers are uninsured. Unfortunately, that leaves Florida as the number one state in the U.S. for uninsured motorists. When drivers travel to Florida without car insurance, they can be tempted to flee the scene of any accident that they cause.
Unfortunately, that leads to an increase in hit-and-run accidents as drivers seek to avoid the consequences of their actions. In 2021, Florida’s Department of Highway Safety and Motor Vehicles recorded over 109,000 accidents involving hit-and-run drivers across the state. Those accidents left almost 25,000 people injured and caused just over 300 fatalities.
In Polk County, 2021 hit-and-run accident numbers topped the 3,000 mark. So far, 2022 numbers are inching toward that dangerous level.
Hit-and-run drivers often exit the scene without reporting an accident, leaving injured victims waiting longer for medical care. That extra time can be the thin line between a hit-and-run victim surviving an accident or becoming a tragic fatality statistic.
Lakeland’s deadly hit-and-run accident cases took a leap in 2020 and that frightening trend continued in 2021.
Seeking Support After a Lakeland Car Accident Injury
We can hope that 2022 ends with a safer stretch for Polk County drivers. It would be nice if 2022 accident statistics fell well short of where they’ve been heading over the past few years.
Unfortunately, accidents on local roads will be a way of life for many years to come. There’s always a chance you or a loved one will be the next victim. If you or a family member are hurt in a Lakeland traffic accident, it’s critical to your future that you understand the benefits and support that are available.
You can talk over your options in a free, no-obligation consultation with a real Lakeland Car Accident Attorney at RHINO Lawyers. It’s a chance to get every question you have answered and to find out what your case may be worth.
CONTACT A Lakeland AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Should You Finish Treatment Before Receiving an Injury Settlement?
InjuryFacts.nsc.org reports that in 2020, 55.4 million people sought medical attention for nonfatal preventable injuries. These injuries come from several sectors, from medical malpractice to car accidents.
Medical attention can cost several thousands of dollars in medical expenses. That’s why insurance laws allow you to sue the person who caused your injury. You’ll receive an injury settlement at the end of this trial.
However, many people wonder whether they should pursue their injury settlement before they finish their medical treatment. But, there are several factors that could make this a dangerous decision.
So, when should you accept an injury settlement? We’ll explore that question in this guide!
Should You Accept an Injury Settlement Before You Finish Your Treatment?
The short answer to this is no. Accepting an injury settlement too soon can leave you with unexpected medical expenses to pay out of pocket. Waiting to complete your treatment enables you to know your final medical treatment bills.
Unfortunately, there’s often a great deal of pressure to accept a settlement prematurely. The other party’s insurance provider often tries to pressure you to accept this settlement early. They push for this because they understand it can save them substantial money in the long run.
It’s also tempting to accept this money because of short-term issues. After all, it seems helpful to take any sum when medical bills continue piling up.
However, this is an incomplete solution. The best thing you can do is contact a personal injury lawyer. These lawyers can help you navigate this process by directly dealing with the insurance company.
These lawyers can also help you determine how much your injury settlement should be. This knowledge can help you hold out until you receive the best deal.
What About Long-Term Treatment for Personal Injuries?
Unfortunately, many personal injuries can have life-altering consequences. For example, your case could require years of treatment and physical rehabilitation.
Some types of injuries require this scale of treatment more than others. Some of these include:
- spinal injuries
- head injuries
- joint damage
Others may require longer timeframes to make a full recovery. For example, a broken leg takes longer to heal than a sprained ankle.
The costs associated with these injuries could easily reach tens of thousands of dollars. In a worst-case scenario, they could climb to hundreds of thousands of dollars.
Once again, nobody could blame you if you accepted a settlement too soon in this condition. Many people do so because they believe it’s better to have some money to help them than none at all.
However, we urge you to remain patient during this process. Remember, long-term treatments can last for years. Each additional year accumulates new costs.
Instead of putting a band-aid on this financial injury, wait until you can heal the wound. Receive your injury settlement at the end of this process. This way, you know exactly how much your medical bills cost and what to fight for in your settlement.
When to Start Medical Treatment
Ideally, you’ve already begun receiving the medical treatment you require. If not, find a doctor to treat your injuries immediately.
It’s always best to begin treatment immediately after receiving your injury. Even minor injuries can cause more extensive damage than people realize.
Treating injuries soon prevents them from worsening. This decision doesn’t just affect your health, either; it can also impact your injury settlement.
If you fail to receive the medical treatment you need, you may discover the injury is worse than you knew. This scenario could have devastating consequences on your personal injury case.
So, start your case right by pursuing the treatment your injury requires. Remember to follow your doctor’s advice as closely as possible, too.
Following this guidance could make or break your injury settlement. Otherwise, the insurance company could claim you don’t deserve your desired sum because of reckless behavior regarding your health.
What Is Maximum Medical Improvement?
Doctors define maximum medical improvement as the point in your recovery when you can’t reach further improvement. Unfortunately, this doesn’t always mean you’ve achieved a full recovery.
Instead, this means you can’t get any better, regardless of the treatments you receive. In many cases, this could be because you made a full recovery. However, other situations have less optimal outcomes.
For example, imagine you received a traumatic brain injury. You’ve finally regained your motor skills and the ability to perform everyday tasks after extensive treatment. However, in spite of this, you still experience trouble with your memory.
In these cases, you may not be where you were before your injury. However, you’ve reached maximum medical improvement.
Why does this matter? Reaching this stage means you’ve completed your medical treatment. As a result, you’ll know how much your medical bills cost.
Accepting a settlement before reaching this stage allows your injuries to worsen afterward. You’ll require more treatment to deal with the complications. Unfortunately, the totals are final; you can’t go back once you’ve accepted an offer.
So, wait until you’ve reached this critical stage and completed your treatment. This patience can help you make the best decisions for your finances.
Find the Best Personal Injury Lawyer to Get the Maximum Injury Settlement
As you can see, it’s best to wait until the end of your medical treatment before accepting an injury settlement. However, this knowledge alone won’t eliminate the pressure to agree to premature settlement offers.
So, how can you guarantee you get the best settlement and get the insurance company off your back? The best solution is to hire personal injury lawyers.
Personal injury lawyers can solve several problems for you. First, they become your representatives when you hire them.
As such, they’ll deal directly with your opponent’s insurance provider. They’ll also keep you posted on events to keep you up-to-date on the proceedings.
Our team offers all of these benefits and more! Schedule a consultation with us today to learn more about your case.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Can Reaching Maximum Medical Improvement Affect Your Injury Claim?
Every year, people in America sustain more than 122 million accidental injuries. Even minor injuries can have a big impact on your life. You may have to take time off work for your recovery or pay a hefty medical bill.
Fortunately, if someone is responsible for your injuries, you can get compensation by making a personal injury claim. However, your lawyer may recommend waiting to reach maximum medical improvement before you make your claim.
So what does this mean, and how does it affect your personal injury lawsuit? Read on to find out everything you need to know about reaching maximum medical improvement before you make an injury claim.
What Does Maximum Medical Improvement Mean?
Reaching the stage of maximum medical improvement (or MMI) means that you have made as full a recovery as possible. However, what this means for each individual depends on the severity of your injuries.
For example, MMI can mean that:
- You have returned to exactly the same level of health that you had before your accident
- Your injuries will not improve anymore with further medical treatment, and your health is not what it was before your accident
- You will still require ongoing treatment for your injuries in the future for a stable recovery
For example, severe spinal injuries can result in permanent paraplegia or quadriplegia. In that case, the damage is irreversible so you will reach MMI when you become stable. Your long-term health will be very different from what it was before your accident.
Who Can Decide That You Have Reached Maximum Medical Improvement?
Your doctor will determine when you have reached maximum medical improvement. They will base this on their observations, examinations, and diagnostic tests.
When they do this, they will also outline any ongoing treatment that you might need to manage chronic conditions caused by your accident. This can include monitoring you to prevent future complications from your injuries. You may also receive a disability status from your doctor.
So how does this affect different types of personal injury cases? Let’s take a closer look.
What Affects Your Personal Injury Claim?
There are several factors that you should consider when making a personal injury claim. These include:
- The severity of your injuries
- The impact that they have had on you practically, financially, and emotionally
- How long it takes you to reach MMI
- The long-term consequences of your injuries
Some of these factors will be evident shortly after your accident. However, you generally have to wait until you have reached MMI to understand the full impact that your injuries will have on you in the future.
Once you have reached this point, you can determine how it will affect your claim.
Waiting For MMI Will Help You Determine How Much to Claim For
Reaching MMI helps you understand the full impact of your injuries, and this is crucial if you want to get a fair settlement. For example, this helps you understand:
- The cost of the treatments you need to reach maximum medical improvement
- The cost of any ongoing care that you will require
- How your injuries are going to impact your ability to work in the future and your financial security
- How your injuries might impact your emotional well-being and relationships
Settlements offered before you reach MMI could be way under the value that you are owed. So it is worth holding off to get a fair payout.
MMI and Workers’ Compensation Claims
If you have been injured at work, you could make a claim using your employer’s workers’ compensation insurance. In this case, several things happen when you reach maximum medical improvement.
Most employers will offer you two options: ongoing benefits or a final lump sum payout.
Your MMI will determine how much you need to receive in ongoing benefits (if this is the type of compensation that you choose). For example, your disability rating might entitle you to additional benefits.
If you plan on accepting a lump sum payout, it is important to speak to an experienced lawyer before doing this. Most employers will expect you to sign a release before you receive the payout. This releases them from any future liability surrounding your medical treatment and injuries.
If you have not reached MMI by the time that you sign this, you could miss out on valuable compensation. You may also end up having to pay for your ongoing medical expenses yourself. So it is always worth talking your options through with a lawyer before accepting an injury claim settlement.
MMI and the Statute of Limitations
Recovering from serious injuries can take a long time. However, it is very important to be aware of how long you have to make a personal injury claim.
According to the statute of limitations, you have three years to start legal proceedings from the date of your accident. So the clock starts ticking the minute you sustain your injuries. If you miss this deadline, you will struggle to make a claim at all.
Because of this, it is a good idea to seek legal advice even if you haven’t reached MMI yet.
While you are receiving treatment, your lawyer will help put together a strong case for your injuries. They can then adjust this based on your condition when you do reach maximum medical improvement.
This ensures that you won’t miss your deadline for filing a claim and miss out on compensation altogether.
Get Support With Your Personal Injury Lawsuit Today
As you can see, waiting to reach maximum medical improvement after an injury can help you calculate a fair settlement.
This gives you a clear picture of the long-term impact of your accident. So you can make an informed decision when agreeing on a settlement.
Hiring an attorney will help you decide how to proceed with your claim and whether or not you should wait to reach maximum medical improvement. Schedule a free video consultation with RHINO Lawyers today to find out more about our legal services. We’re happy to help!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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What Is the Sudden Medical Emergency Defense?
Did you know that third-party liability for personal injury claims is often about timing and circumstance? Most personal injury cases hinge on whether the defendant was negligent at a particular moment. If there is no negligence found, then there is no liability.
This does not mean that you can not get sued. It does mean if you have a solid defense, your case will not go much further than the initial stages.
A sudden medical emergency defense may make it possible to have an entire defense to a claim of personal injury. But, the circumstances must meet specific factors that remain consistent for the defense to be effective.
Have you found yourself in one of these unfortunate circumstances? Read on to learn more about the sudden emergency defense and how it could impact your case.
What Is a Sudden Medical Emergency Defense?
A sudden medical emergency defense is a defense used in a personal injury case where a medical condition arises, causing an auto accident. A sudden medical emergency could absolve a driver of responsibility for an accident if a sudden medical emergency is to blame.
Personal injury law believes if someone caused an accident by their negligence, that person should be accountable for the costs resulting from the accident. A person experiencing a medical event did not intend to injure another person. So, the sudden medical emergency defense may release them from blame.
What Is Foreseeability?
Foreseeability evaluates if the responsible party could have expected that their action or inaction would result in harm to another person. If the accident did not stem from an act of negligence, the individual is not to blame for the injuries suffered by another person. If a medical emergency causes a car collision, the at-fault party must prove the following:
- the driver lost consciousness
- they lost control of the vehicle as a result of loss of consciousness
- the loss of consciousness was a result of an unexpected medical incident
They must also prove that the onset of the medical emergency prevented the driver from taking any preventative measures. It was an unexpected event that the driver could not prepare for.
What Defines a Sudden Medical Emergency?
A sudden medical emergency is a sudden onset or an exacerbation of symptoms. These symptoms then led to a situation requiring immediate medical treatment. A sudden medical emergency does not include conditions that were already present.
Or symptoms that were being treated before the auto accident. This is important to note. If the medical condition was present before the accident and only treated after the accident. Then you cannot use a sudden medical emergency defense.
When Can You Use the Sudden Medical Emergency Defense?
The sudden medical emergency defense is only valid in specific circumstances. To use this defense, the medical condition that arose must be sudden and unexpected. The event was so severe that it required immediate medical attention.
The medical issue must have presented itself during the accident, and you must not have known about the condition beforehand. You must have acted as reasonably as possible in light of the circumstances.
If you made an error in judgment or failed to act appropriately despite knowing the condition, you cannot use this defense. It’s also important to note that the defense is not valid if the treatment required is not consistent with that of a standard emergency.
What Are the Requirements for a Sudden Medical Emergency Defense?
There are several requirements for sudden medical emergency defense. First, the condition that caused the medical emergency must qualify as an emergency.
This means that it must have required immediate medical attention. The medical condition must have arisen suddenly and unexpectedly.
This means that it must have been sudden in onset and not something that was even foreseen. So, they did not have time to get proper medical attention. Which means they did not have an opportunity to go to a doctor’s office, hospital, or another medical facility for treatment.
Types of Car Accidents Involving the Sudden Emergency Defense
Many auto accident causes stem from a medical emergency. A sudden medical emergency defense could apply in a collision between two or more vehicles. Or between a vehicle and a pedestrian or bicyclist.
But, only if one or more of the drivers or passengers experienced an unexpected or sudden onset of a medical condition. However, if a vehicle occupant experiences symptoms of a medical condition before an accident. As well as, worsening of the condition that was present before the accident. Then they cannot use the sudden medical emergency defense.
But, if the condition is sudden and unexpected during the accident, the occupants of that vehicle might be able to. A collision between a vehicle and a stationary object also falls under the sudden medical emergency defense. In this circumstance, sudden and unexpected medical conditions with any people involved in the accident could qualify for the defense.
How Hiring a Lawyer Can Help You
Your attorney will help you build your case by finding the most relevant evidence and putting together the best possible defense. The sudden medical emergency defense can be weak if the defense team is not working with all the facts of your particular circumstances.
Your attorney can handle everything for you. They will conduct a thorough investigation and retain expert witnesses. All to help strengthen your case and give you a better chance of winning.
Your attorney will conduct discovery, or a thorough investigation, to gather any evidence that supports your case. This evidence could include witness statements, medical records, and police reports. Your attorney will also be able to examine the evidence that the other side gathers.
Throughout the case, your attorney will interview all witnesses relevant to your case. They will review police reports, and request lab results.
Your attorney will also work with expert witnesses to build your case. Expert witnesses are people who have special knowledge or skills that apply to your case.
Have You Been Involved in an Accident Involving a Sudden Medical Emergency?
An exceptional attorney is an ideal person to offer guidance on how to proceed with your case and protect you. Are you a victim of another driver’s unexpected medical emergency? Or have you experienced a sudden medical event yourself? We can help you.
Contact us or check out our About Us section to learn more. We proudly serve all of Florida, and our goal is to establish a long-term relationship with each client. The people we assist and the lives we transform are what we are most passionate about.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Headache After a Car Crash? Seek Medical Care Immediately
Every year, about 20-50 million people suffer non-fatal injuries from traffic accidents. And in most cases, people assume that a headache after a car crash is normal. Yet, a lingering headache after a car crash usually indicates something worse.
There are several types of headaches a person can have after a car crash. Today’s post will discuss the types of headaches and what you should do if you’re experiencing one after a recent accident.
Post-Traumatic Headache
A post-traumatic headache describes a feeling of pain in the head after an accident, trauma, or assault. Although this type of headache after a car crash is not common, it can affect anyone who experiences a traumatic event.
Symptoms that come along with a post-traumatic headache are nausea and sensitivity to light and sound. They may be caused by a combination of several factors, including pain from the injury, stress from the incident, and preexisting conditions such as high blood pressure or anxiety.
Not all post-traumatic headaches are the same. Some people experience seizures, muscle spasms, or even loss of consciousness.
Concussion
A concussion is a mild brain injury, often resulting from a bump to the head, where you experience headaches, dizziness, sensitivity to light and sounds, confusion, and fatigue. There is a chance that a series of concussions may result in long-term damage to your brain, leading to conditions such as epilepsy, dementia, and other psychological problems.
A concussion, also known as a brain injury, is caused by a sudden and forceful blow to the head. Concussion symptoms can be mild to severe. The most common symptom is a headache.
Other symptoms include dizziness and nausea or vomiting. Sometimes, people may have blurred vision or other visual problems. A person with a concussion can struggle with concentrating and making decisions.
Whiplash
A whiplash injury is a common car accident injury, causing pain and stiffness to the neck and shoulders. The main cause of whiplash injury is an impact to the neck or head that causes a twist in the neck, sometimes referred to as a “slingshot” effect.
Whiplash can also result from a collision with another vehicle, object, or vehicle’s side. Symptoms of whiplash include pain that shoots down one side of the neck, stiffness in the neck and shoulders, and numbness in the arms or hands.
Muscle Strain Headaches
Muscle strains are common injuries following a car crash, often resulting from awkward or sudden movements while in the vehicle. They are characterized by mild muscle pain and tenderness and cause weakness. A muscle strain is a minor injury and should heal on its own after a few days.
If you experience muscle strain after a car accident and notice any signs of a headache, take it easy until the pain subsides. Consult your healthcare provider if you are still experiencing pain after several days.
Fracture Strain Headaches
A fracture strain headache occurs when a person receives head damage during an accident and fractures their skull. The symptoms can be quite painful.
Some people will feel pain behind their eyes or temples, while others may feel pain on top of their heads. The pain may intensify when they move, so they should stay still as much as possible.
Pinched Nerve Headache
A pinched nerve is a common type of headache that occurs after minor trauma. You can feel the pain in the back of the head, and it usually radiates down your neck.
This type of injury occurs when something compresses the nerve, like a seat belt or a bump in the road. It can also be caused by disc compression if you have back issues.
What to Do if You Have a Headache After a Car Accident
If you’ve been suffering a bad headache after a car accident, the first thing to do is visit a doctor. This is crucial for many reasons.
For one, headaches are a common symptom of other conditions, such as severe brain injury. In addition, headaches can cause severe problems if they persist or keep coming back.
It’s not just a case of your body recovering from the effects of the accident — but also the pain of the original injury. If your headache doesn’t clear up soon, it could be a sign that something else is going wrong inside your head.
Call an Auto Accident Lawyer
You should call an auto accident lawyer immediately if you have been seriously injured in a car accident. These professionals can help you evaluate your case, fight for compensation, and recover damages if another driver has wronged you.
A car accident attorney can also represent you in court if they sue you for damages. They are trained to fight for your rights and make sure that your rights are protected.
They will negotiate with the other party’s insurance company to get the best possible settlement for your case. An auto accident attorney will also help you understand the legal process to prepare yourself for the trial.
Seek Professional Help
If you’ve been dealing with a constant headache after a car accident, don’t let them hold you back from seeking medical help. Headaches are common and temporary, and you can get them to go away with simple home remedies. However, if you don’t get yourself checked out by a doctor as soon as you can, it could get worse.
You should also call an auto accident lawyer as early as you can. Here are RHINO Lawyers, we offer a wide variety of services to help you with your recent car crash. Contact our team today for more information.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Nerve Damage From a Car Accident? What You Need to Know
WebMD estimates that about 20 million Americans suffer from nerve damage. Many of these people have nerve damage as a result of a car accident injury. Because car accidents are among the most common causes of nerve damage injuries.
If you suffer nerve damage from a car accident, then you may be eligible for compensation from a case settlement. Read further to find out how RHINO Lawyers can help you.
How Nerve Damage From a Car Accident Happens
Car accident injuries that result in nerve damage may go unnoticed for many reasons.
For instance, you often can’t prove that you have nerve damage empirically, making it nearly impossible for you to seek compensation for your injuries. Or, you could mistake symptoms of nerve damage for common body aches or for a variety of other ailments.
Nerve damage from a car accident can result due to injuries like whiplash, impact to the spine, or a herniated disc.
Whiplash
A whiplash injury happens when your head jolts back and forth, leading to neck trauma. Although whiplash usually affects the muscles, tendons, and other soft tissues in your neck, it can also damage your nerves.
Impact to the Spine
Sciatica pain often results from an impact injury that causes nerves in the spine to become pinched or compressed.
If you suffer from sciatic nerve damage from a car accident injury, then you may experiences symptoms such as feelings of numbness, tingling, pain, or weakness in the affected area. These symptoms can be easily mistaken for many other ailments, which is why you could have this type of injury without knowing it.
Herniated Disc
You suffer a herniated disc when one of the rubbery discs between the vertebrae in your spine pushes out of place. The displaced disc can pinch or impact a spinal cord nerve, resulting in feelings similar to sciatica pain and possible paralysis.
A herniated disc can heal on its own with enough rest, but you may need surgical intervention.
Types of Nerve Damage
The severity of peripheral nerve damage can be divided into three categories according to Seddon’s 1942 classification: neurapraxia, axonotmesis, and neurotmesis. These three categories can be further divided into five levels of severity, ranging from first to fifth degree.
Neurapraxia
Neurapraxia is the least severe type of peripheral nerve damage. In neurapraxia, the passage of nerve impulses to the injured area is blocked, causing the motor and sensory connection to be lost. But, the nerve stump itself remains intact.
Neurapraxia often happens as a result of your nerves being compressed or stretched. Usually, it sorts out within a few days or months with rest and other at-home treatments.
Axonotmesis
Axonotmesis is a severe type of peripheral nerve damage. In axonotmesis, the affected nerve gets cut but doesn’t get completely severed.
To make a full recovery, you’ll likely have to take physical or occupational therapy. With the proper treatment, it’s possible for you to make a full recovery within six months to a year.
Neurotmesis
Neurotmesis is the most extreme type of peripheral nerve damage. Thus, neurotmesis occurs when a nerve is completely severed, which typically occurs after a violent, open injury.
If you have this type of nerve damage, then you have little chance of making a full recovery in the future. But, you may be able to make a partial recovery with immediate surgical intervention.
When to File a Personal Injury Claim
You have a limited time to file a personal injury claim after a car accident due to the statute of limitations. Each state has a statute of limitations, or a limited period of time, in which you can file a claim.
According to the Florida statute of limitations, you have only four years from the date of your accident to file a personal injury claim.
If you wait until after the statute of limitations is up, then you’ll be unable to seek compensation in a car accident settlement in the future.
But, an exception may be made if injury symptoms don’t immediately arise after an accident. If that’s the case, then you’ll have four years from the day that you discovered your injuries to file a personal injury claim.
How Can a Personal Injury Attorney Help You?
Like the statute of limitations, there are many other aspects of the law that can get in the way of you getting the settlement that you deserve.
Because the law can be confusing, you want to work with a lawyer who has experience in personal injury law. It’s best practice to contact a lawyer as soon as a personal injury accident happens to discuss your options moving forward.
One of our experienced personal injury lawyers will have the skill to help you navigate the complexities of the law and get the highest settlement possible.
Our knowledge of how insurance companies work gives you an advantage in your car accident case. Also, we don’t charge any fees unless we win your case.
Don’t Handle A Car Accident On Your Own
If you suffer nerve damage from a car accident, then you may be able to pursue compensation for your injuries. But, you could not know all of what you’re entitled to by law. And miss out on the compensation that you deserve.
Yet, you don’t have to struggle through the legal process by yourself. Your auto accident attorneys have the knowledge and skills to help get you the settlement that you deserve.
Contact our offices today to arrange a case analysis with a RHINO Lawyers’ attorney at no cost to you.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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How Pregnancy Can Affect Your Personal Injury Claim
Pregnant women rarely hear about the risks of driving while they’re expecting. And yet, some estimates say that 5,000 fetal deaths occur yearly from car crashes.
This number could potentially be higher since miscarriages occur in 10%-20% of pregnancies during the first trimester. As such, legal authorities only document miscarriages that occur after the twentieth week.
Car accidents can be jarring and traumatic for pregnant women, even when their babies survive. A significant impact poses a substantial risk to your child.
That’s why it’s crucial to know how to file a personal injury claim as a pregnant woman. These claims can help you receive compensation for personal injuries, including the medical treatment you need.
Filing a pregnancy injury claim differs from filing a personal injury claim. But don’t let that scare you! We’ll provide the essential information about this process in the guide below.
Common Threats to Pregnant Women Caused by Accidents
Several types of accidents can pose a threat to expecting mothers. The injuries you sustain depend on how severe the accident was.
Unfortunately, several of these threats can also extend to your baby and its delivery. We’ll explore some of these threats so you can understand their potential risks.
Premature Delivery
First, you could experience premature birth. Doctors consider any delivery before 37 weeks a premature birth.
Medical studies indicate that accident victims have higher rates of premature labor than women who haven’t experienced an accident. Unfortunately, premature babies can struggle to survive, given their underdevelopment.
However, medical technology has advanced significantly. Many premature babies manage to survive and live healthy lives.
Mothers also face a higher likelihood of high-risk pregnancies when they experience car crashes. These complications require diligent monitoring by a physician to ensure the birth goes smoothly.
Placental Abruption
Another threat that an accident can cause is placental abruption. A forceful impact could cause your placenta to split from the uterus before the baby’s birth. Roughly 15% of babies with placental abruption die, making this a severe threat.
Miscarriages
The final threat we’ll discuss is a miscarriage. Miscarriages involve the death of the child in the womb.
This tragedy usually happens when a mother experiences a sudden or violent force. In many cases, the baby tragically cannot survive this trauma.
How Do These Problems Affect Your Personal Injury Claim?
When pregnant mothers become injured in accidents, several things must follow. First, you must seek medical treatment as soon as possible. The extent of this treatment could vary depending on the nature of your injury.
The type of injury you sustained could require additional medical costs. For example, you may need a Cesarean section for some of these injuries. This procedure can cost a significant amount of money.
Furthermore, there are other costs to consider. The problems listed above could cause birth defects to impact your baby. So, your child may need more medical attention, which costs more money.
If your child suffered a birth defect or injury due to a pregnancy accident, there are some options for claiming compensation. Some of these compensational expenses could cover:
- Surgeries
- Prescription medication
- Occupational therapy
- Physical therapy
You can also claim compensation for the time you spent out of work recovering from injuries. In these cases, the offending party may owe restitution for your lost wages. The same holds for the time taken off work to care for your child.
Compensation for Emotional Damages
Insurance companies often look specifically at medical bills when determining the amount of compensation they owe. However, physical injuries aren’t necessarily the worst thing sustained from a pregnancy accident.
After all, expecting mothers always have high hopes for their baby’s health. Accidents that jeopardize their health often leave expectant parents traumatized or anxious.
These emotional damages could earn you additional compensation when you go to court. Injured mothers tug at jurors’ heartstrings more than an insurance company that wants to withhold payments.
What Happens If Experiencing a Car Accident While Pregnant Causes a Miscarriage?
Tragically, miscarriages can occur because of car accidents. This outcome is the worst-case scenario, surpassed only by the death of the expecting mother.
So, what happens if you undergo a miscarriage because of a car accident? Unfortunately, many states will not allow you to bring a wrongful death lawsuit on behalf of that child.
Most states in the US require a child to be born alive before its death for you to bring this charge. There are a few exceptions to this rule, however. For example, Texas’s state law allows parents to bring a wrongful death lawsuit to court for an unborn baby.
Hire a Lawyer to Make Your Case
Once you receive your medical attention, start searching for a lawyer who can make your case in court. Your lawyer serves as your advocate against the offending party’s insurance company. They will make your case to the jury that this insurance provider owes you the money you demand.
The question is, how can you find the best lawyer for your case? There are a few critical criteria to use in your search.
First, it often helps to have a lawyer from your locality. These lawyers understand your local and state laws thoroughly. So, search for lawyers in your area who can handle your case.
Then, narrow your search by looking up a law firm’s reviews. How did other people in your situation judge this firm’s services? Did they get the compensation they required with this law firm?
Lastly, it helps to verify that your law firm has experience with cases like yours. So, check with this personal injury lawyer to see if they specialize in this type of personal injury lawsuit.
Consider Working With Us
Filing a personal injury claim is no small task. This work is your best chance at receiving the compensation you require for your injuries.
So, don’t leave your personal injury lawsuit to just anyone. Instead, work with our dedicated team to ensure you get the money you deserve.
We have an excellent track record of getting our clients their due compensation. We also strive to make it easy for people to receive a consultation about their cases.
To that end, consider scheduling a free video consultation with us today! You can use this time to tell us about your case and ask any questions before filing an injury claim.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
Read More