- Why is my lawyer trying to settle my accident case when I’m still injured?
- Why does my lawyer want me to stop medical treatment for my injuries?
- Can I refuse to accept settlement offer negotiated by my lawyer?
- Do I have to accept a settlement offer for my accident claim?
- Why is my lawyer adamant about settling and closing my case?
The Purpose of Pursuing a Claim after an InjuryWhat is the purpose of pursuing a claim after being involved in a personal injury accident? When you pursue a personal injury claim, the goal is to hold the liable party accountable for his or her actions, which contributed to the harm that you suffered. When you pursue a claim, you are fighting to hold the liable party financially accountable for the harm that you suffered – that could include medical expenses, lost earnings, and pain/suffering among other things. In most cases, financial liability is transferred to an insurance company which then pays the victim. Recovering monetary compensation does not magically reverse the harm that was suffered; however, it can help the victim and his or her entire family move forward with their lives (in addition to covering the different costs and losses associated with the accident). The purpose of pursuing a claim is to recover the compensation that you are rightfully owed. When a lawyer is urging you to stop treatment, the potential value of your case will decrease. When a lawyer is urging you to agree to a settlement, you might be agreeing to an amount that is significantly less than what further negotiations or even a trial could reach. By closing your case before you recover the maximum amount of compensation available for recovery, your lawyer is essentially asking you to conform to a mediocre case outcome.
Why is my Lawyer Trying to Settle my Case?Why is my lawyer trying to settle my case when I still have pain? Why is my lawyer trying to settle my car accident case when I am still treating with doctors? Why is my lawyer trying to settle my slip and fall case if I still have not gotten better? Have you found yourself asking these questions? It is possible that your lawyer is trying to settle your case even though your treatment is still ongoing. My lawyer is telling me to stop medical treatment but I’m still injured. I still have pain. I need surgery. Even though doctors say you still need treatment, your lawyer might be urging you to agree to a settlement. If your lawyer wants to close your case already and wants you to agree to a settlement, you must consider the following possibilities:
- You have reached maximum recovery. Even if you undergo further treatment, you will not get any better. You still have pain but you have been told that you will simply have to live with the pain – there is nothing else to be done. Your doctor and your attorney are in agreement. Your attorney is aware that further treatment will not make a difference. (This is the ideal situation).
- You have not reached maximum recovery. Although you have had some treatment, your recovery has been minor. You need additional treatment immediately to better your chances of making a full recovery. Your attorney has not referred you to any doctors and keeps telling you to just settle your case. Your attorney always seems to be in a rush when dealing with your claim. (In this situation, your attorney does not care about your recovery, but rather only cares about settling your claim as soon as possible).
- You have reached maximum recovery. Your treatment has been extensive, and you feel that your recovery has been successful. However, your doctor keeps pushing for additional treatment. Your attorney is advising you against medical treatment since it will not do anything for you or for your case. (In this situation, you and your attorney are in agreement regarding your recovery; however, your doctor is pushing for additional treatment and making you doubt your attorney).