Car insurance companies often hope to pay the lowest possible amount when resolving personal injury claims for pain and suffering. After all, insurance companies are businesses that seek to maximize profit. Therefore, in the aftermath of a motor vehicle accident, a car insurance company may offer an injured person compensation that is lower than the value of their personal injury claim. If the injured person accepts the insurance company’s offer, it can be difficult to receive more compensation later. That is because personal injury settlements for pain and suffering must generally account for past and future pain and suffering.
Shortly after a motor vehicle accident occurs, the insurance company for the at-fault motorist may attempt to contact injured parties with “nuisance offers.” This typically involves an insurance company offering an injured person a small sum of money, claiming that the injury is not “serious” enough to require any more compensation. Unfortunately, and unbeknownst to some injured motorists, accepting one of these offers may have the effect of “releasing” the at-fault motorist and their insurance company from liability. This can prevent the injured person from making a claim for pain and suffering later, even if the injuries are permanent or require surgery.
If an injured person accepts a “nuisance offer” based on the misrepresentations of an insurance company, an experienced personal injury attorney may be able to void the release. That is because releases are subject to the ordinary contract rules, and a contract can be invalidated in the case of duress, illegality, fraud, or mutual mistake. For example, if an injured person was improperly induced to sign a release based upon a misrepresentation, that may provide a potential basis to ask a court to set aside the release. An experienced lawyer can examine the circumstances because every situation is unique.
The experienced car accident lawyers at William Mattar, P.C. have experience helping people injured in motor vehicle accidents. If an insurance company is saying that your injuries are not “serious” and you cannot make a claim for pain and suffering, please do not hesitate to contact the injury lawyers at William Mattar a call. We would be honored to review your case to see if we can help. Call (844) 444-4444.