What Are My Rights at Settlement?

When involved in an insurance claim, it is important to be aware of your rights as a claimant. You have a right to compensation if you’ve been injured as a result of someone else’s negligence. You have a right to have legitimate claims be paid, up to the policy limits. You have a right to limit access to certain records the insurance adjuster may collect. You have a right to be compensated for your economic losses, the direct costs you incurred as a result of the injury, as well as your non-economic losses, or your pain and suffering. You have a right to have your demand for payment be thoroughly reviewed and investigated by an adjuster and the right to turn down an offer you feel does not fairly compensate you for your losses. And, when you settle your personal injury claim, you have a right to prompt payment of your claim without any unreasonable delays.

Generally this means your claim must be paid within 60 days. Once you agree to a settlement offer, you will be asked to sign a release that frees the insurer from their responsibilities toward you once they pay you. Once you sign this release and cash the check, you no longer have the right to seek compensation for any costs incurred as a result of your injury. The results of you signing the release should be disclosed to you and you have the right to speak with an attorney prior to signing it. In fact, you can hire an attorney at any point during the claims process if you want to make sure you are being fairly compensated. While the insurance company may lead you to believe that is unnecessary, it is wise to get a professional opinion about their settlement offer.

Keep in mind; you will have certain obligations as well. A portion of your damages may be taxable so you may have to report them as income. You may also have to reimburse any third parties that covered your medical expenses while your claim was pending. This could mean you have to pay back your health insurer for their contribution, also called subrogated interest, or satisfy any medical liens your healthcare providers may have against your settlement. Speak with an attorney if you have any questions or concerns about your rights and obligations at settlement to ensure your rights are preserved and you fulfill all your obligations as a claimant.

Are you in the greater Roswell area and have questions or concerns about settling your personal injury claim? Attorney Thomas C. Rowsey, P.C. is experienced in personal injury law and will work hard to ensure your rights are defended. Based in Roswell, GA, Thomas C. Rowsey Attorneys at Law serves those across the greater Atlanta metropolitan area including Roswell, Alpharetta, Marietta, Milton, Cumming, Dunwoody, Johns Creek and Sandy Springs. Contact our office today at (770) 993-5317 or fill out our online form to schedule a free consultation. Offering expert legal counsel in personal injury, criminal defense and family law, Thomas C. Rowsey Attorneys at Law are here to help.