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Suppose I don’t fully recover from my injuries, or I’m not sure if I might need future surgery. Do I have to settle within a certain amount of time?
You don’t have to rush your settlement. In fact, it’s best to wait until you have a better idea of your prognosis. You do, however, need to file your lawsuit within the time set by your state’s statute of limitations. That does not mean you have to decide right then whether to go to trial. Instead, the process known as discovery begins, whereby both sides gather information about the case.
If you are claiming serious injuries, the other side will want you to be examined by their appointed doctor, and will want to take your deposition, or sworn testimony, before considering a settlement demand or making an offer. It is important to have an attorney if the matter goes this far, as he or she will prepare you on how to respond to questions that may be intended to get you frazzled.
It is smart to wait and see if anything else develops rather than grab a quick settlement. If there is any residual damage –permanent or long lasting pain, scars, etc., or future surgery and significant other treatments—your case is typically worth much more. Your attorney knows the value of your case and will go to bat for you. Good attorneys do not go around demanding huge sums of money and starting lawsuits. They arrive at reasonable demands and can provide leverage for obtaining a better settlement, since the insurance company would likely be exposed to much greater risk if the matter goes to trial. That perception works in your favor.
If you were injured due to a hazardous condition on someone else's property, you should seek the advice of an experienced personal injury lawyer right away. |
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