Moreover, both entities are precluded from paying medical costs if the expenses incurred should be covered under a third-party liability claim.  This may be either Worker’s Compensation Benefits or PIP “no-fault” benefits available under your automobile insurance policy (until you can prove exhaustion of these benefits).  After that, any benefits paid on your behalf which relate to your third-party liability claim will need to be reimbursed to Medicare and/or Medicaid at the conclusion of your case.

If you are a Medicare or Medicaid recipient, your attorney is required to notify Medicare and/or Medicaid and inform them they represent you in connection with a personal injury action.   Of course, it is best that this occurs during the early stages of your case.  You will need to sign an Authorization for Medicare allowing them to communicate with your attorney.  Your attorney’s office will then work with Medicare and/or Medicaid to ensure they are informed of the progress of your case and to obtain an accurate and correct amount of the benefits they have paid relating to your personal injury case.

Medicare and Medicaid must be paid out of any settlement funds obtained prior to any other distributions being made.   Medicare and Medicaid will pay their pro-rata share of attorney’s fees and costs, but their reimbursement will occur prior to you, or your attorney, receiving any of the settlement funds.   Additionally, both entities require verification of the settlement amount, a copy of the Fee Agreement retaining your attorney, an itemization of case costs, and confirmation that any other available insurance was utilized.  It is very important that the details of this part of your settlement are handled accurately and professionally.

Because car accidents and other personal injury cases are incredibly stressful and often time-consuming, it can be tempting to accept the first offer to end the process. However, you have a lot to gain by taking your time and thinking about the best options available to you. Read on to understand whether you should accept the insurance company’s first offer and what you can do to ensure you get the fair compensation you deserve.

Should You Accept the First Offer?

To put it bluntly, no. You should not accept the insurance company’s first settlement offer. Why? Because the amount of money you are awarded in your settlement is significant—not just for covering your current medical bills but also for helping you get back on your feet. Your costs may include medical bills, missed wages, vehicle repairs, and other losses incurred by accident. And in some cases, people experience pain from injuries years after they occurred.

With these factors in mind, you must take the insurance company’s settlement offer seriously and consider all factors before making a final decision. You should consult with your friends and family members and an experienced personal injury lawyer.

Why You Should Not Accept the Initial Offer

Imagine the following scenario: You’re in bed recovering from a car accident that was not your fault. This accident and the resulting doctor visits have caused you to miss several days of work. You receive a call from the other driver’s insurance company. They are prepared to offer you $2,500 as a settlement. If you sign the papers right away, you can receive the money tomorrow.

This situation might sound ideal, but it’s not. The company’s initial offer is much lower than you deserve for your medical bills, time off work, and pain and suffering. In the short run, you could benefit from the money they are offering. But if you go ahead and accept the offer, you could be cheating yourself out of thousands of dollars in the long run.

One of the biggest goals an insurance company has is to pay you as little money as possible. That may seem unethical, but it’s how insurance companies stay in business. Insurance companies will try to lowball you to make sure they save their own company money. The agent probably knows that your injuries are worth around $15,000, but they offer a much lower number to give themselves room for negotiation. In all likelihood, their initial offer is the lowest possible offer.

In many cases, there is more money available to you. Considering the amount of stress personal injury clients are already going through, they might be tempted to take the first offer, but they shouldn’t—and they don’t have to.

Can an Insurance Company Revoke an Offer?

Personal injury clients are often tempted to accept an insurance company’s first offer because they are afraid that the offer will be decreased or even taken off the table altogether if they don’t. This scenario is technically possible, but it is improbable.

Car accidents and other personal injury cases can be too complicated. The settlement amount will depend on various factors, such as who is at fault and the severity of your injuries. An insurance company’s initial offer is, in most cases, their way of kicking off a settlement negotiation. They most likely expect you or your attorney to counteroffer or enter the negotiation stage.

When to Hire a Personal Injury Attorney

If you are dealing with insurance settlements, you are most likely already suffering from physical injuries or vehicle damage. These things are stressful enough on their own. The last thing you want to do is take on additional stress by navigating the legal world and negotiating with insurance agents.

Sometimes it only makes sense to let a personal injury attorney handle the situation. You may want to play hardball with the insurance company, but only an experienced attorney knows when it’s appropriate to do so. A personal injury lawyer will use their expertise to judge the situation and take steps to ensure you get fair compensation. Your attorney will be able to help you decide whether to accept the first offer and will present the pros and cons of accepting or rejecting it.

Being injured in an accident caused by another person’s negligence can be overwhelming. At The Ault Firm, our Salt Lake City personal injury attorneys have more than 85 years of combined legal experience, making them the perfect choice for your insurance settlement negotiations. Our legal staff will fight to ensure you receive fair compensation for your injuries and that your case is quickly resolved. Contact The Ault Firm today for your free case consultation and to see how a personal injury lawyer can help you get the insurance settlement you deserve.

It is important to remember that no two injury cases are the same.

Usually, when we are asked questions similar to the one above, people are stressed and worried. Dealing with medical expenses and lost wages only adds to the burdens that injuries cause. The short and simple answer is that the time your case takes depends on your specific situation. Usually, three main elements comprise how long an injury case takes to settle either in or out of court.

Medical Issues and Treatment.

The first thing you or a loved one should always do after an accident is to seek medical treatment. Lost life cannot be replaced, and you must be sufficiently taken care of should an accident occur. Depending on how injured you are, your treatment can take weeks, months, or even years to conclude. The time your case needs can depend on how long your treatment time will take. Often, injury cases take longer to resolve than anyone wants because the client needs time to heal before final medical costs need to be calculated.

The complexity of your case.

To put yourself in the best situation to win a favorable and fair settlement, you need to have a strong case proving your injury claims. Your attorney will be able to provide advice on how best to move forward. If your injuries were the result of a straightforward car accident, the necessary evidence might be easy to obtain. Examples can include witness statements, police reports, and photographs taken at the scene of the accident. If your case is complicated, for example, a medical malpractice case, you may need expert reports from other doctors. These reports can take time to create but are often necessary to show negligence or breach the standard of care from a medical professional.

Large money and procedural problems

Another factor that can ultimately determine how long a case will last depends on the amount of money at stake. Large and catastrophic injury claims need larger amounts of money to ensure that victims and affected parties can recuperate from losses and rebuild their lives. When dealing with larger amounts of money, it will take insurance companies longer to reach a point where they are offering a fair settlement. You’re running a greater chance of the case needing to go to court instead of being settled through mediation. Being patient while your large settlement occurs can be challenging, but it is worth the time investment at the end of the day.

Don’t fight for your legal rights on your own

There are many misconceptions about what it is like to work with an injury law firm. From our experience, 99 out of 100 times, people greatly benefit from having legal representation instead of representing themselves. If you have questions about a personal injury case, we are happy to offer a free case evaluation at our office. Contact Utah Personal Injury Lawyers today to learn what we can do for you.</font color>