The Insurance Company Asks You to Settle. You’re Still in Pain. What We Tell Clients.

Each week, attorney Matt Boulton walks car accident victims through a common concern. Someone reaches out to Boulton Law Group and says, “The insurance company offered me a settlement, but I’m still in pain. I don’t know if I should take it or wait.”

If that’s where you are right now, pause and take a breath.

The truth is, you may have more time and leverage than the insurance company wants you to believe, and taking their settlement offer while you’re still having problems is one of the most common mistakes attorney Boulton sees injured people make.

Why the Settlement Offer Shows Up Before You’ve Healed

Insurance companies aren’t in the business of doing what’s best for victims of car accidents. Their bottom line depends on limiting exposure after one of their insureds is found liable for an accident that results in injury to someone else. The sooner they’re able to close a personal injury claim, the less it typically costs them. Consequently, it’s also less time for you to discover the true nature of your injuries and any potential long-term consequences.

Attorney Boulton has spent 30 years helping Indiana accident victims recover maximum compensation for their injuries. Throughout this time he’s witnessed a number of tactics used by insurance companies to encourage people to settle quickly, some of which include:

• A letter or message that indicates the insurance company is going to close their file if they don’t hear from you.
• You’ve been told or made to feel that this is simply how things are done.
• They say your claim is valued the same as everyone else’s with similar injuries and damages.
• You simply feel as though you’re being pressured to settle.

In many cases, examples like these are merely well-timed negotiating tactics because they happen when you’re tired, worried about bills, unsure of what your case is really worth, and just want the whole thing behind you.

Unfortunately, good timing for the insurance company is bad timing for you. Whiplash and neck injuries, disc problems, and concussions in particular don’t always show their full extent right away. Pain that initially feels manageable can turn into something that needs months of physical therapy, injections, or even surgery.

Once you accept a settlement and sign a release, there’s likely no recourse. You can’t go back to the insurance company in three or six months and ask for additional compensation, even if it turns out your injury has caused unforeseen complications or is worse than you or your doctors initially realized.

What Settling Too Early Actually Costs You

It’s important to understand that a settlement from the insurance company isn’t a partial payment or contingent upon future injury or health updates. Official settlements represent a full and final release of your claim.

When you sign a settlement offer, you’re telling the insurance company that whatever amount you’ve agreed to forever covers everything related to the accident, such as:

• Past medical bills
• Any future medical care
• Lost wages or inability to do future work
• Pain and suffering
• PTSD, etc.

If your treatment plan changes, if a doctor later recommends surgery, or if the pain never fully resolves, the insurance company owes you nothing further. You’ve already signed a contractual agreement that says whatever the insurance company paid you was enough to cover past and future damages.

That’s exactly why an early settlement offer, especially one that comes before you’ve reached what doctors call maximum medical improvement, can be far lower than what the case is actually worth. The insurance company is offering you a number based on incomplete information.

You May Have More Time Than You Think

In Indiana, you generally have two years from the date of the accident to file a personal injury lawsuit. That’s set out in Indiana Code 34-11-2-4.

Two years feels like a long runway, and it usually is. But it’s designed this way to give you room to finish treatment, understand the full scope of your injuries, and make a decision based on where you actually stand instead of where you were three weeks after the crash.

That doesn’t mean you should wait to act. It means you don’t need to rush into a settlement out of fear that the window is closing. There’s a real difference between staying engaged with your claim and folding to pressure to sign something before you’re ready.

Last, it’s important to note that there are certain exceptions to Indiana’s 2-year statute date, such as being a minor at the time of the accident. It’s always recommended that you consult with an experienced Indiana personal injury attorney to calculate the statute date for your exact case.

If you’re unsure of your case’s statute of limitations date, attorney Boulton can help determine it for you free of cost.

How Often Does This Happen?

According to attorney Boulton, rushed settlements happen more often than most people realize, and sometimes it’s not the insurance companies’ fault:

“There are two types of early settlements that concern me. The first is when the insurance company makes a settelement offer to an accident victim before that person has reached maximum medical improvement. The second is when an accident victim tells the insurance company they’re better and want to settle, but the true reason is because it’s realted to a personal or financial situation, so it’s not always because the insurance company is pushing them to finalize the claim.” –Attorney Matt Boulton

In both instances, there are potential workarounds to an early settlement of which accident victims may not be aware. For example, when it involves a personal or financial matter, attorney Boulton may issue letters to creditors asking them to avoid further contact with his client until they have reached a fair and full settlement.

The key to fully understanding your legal rights and helping to ensure a fair settlement is to speak with a personal injury attorney who works solely in the best interests of the injured victim, not the insurance company.

What to Do If You’re in This Spot

When attorney Boulton speaks with accident victims in this situation, he often highlights a few key recommendations.

1.) Keep going to every appointment your doctor scheduled, even the ones that feel unnecessary. Gaps in treatment or missed appointments get used against you later, as proof that your injuries must not have been as serious as you initially thought or claimed.

Attorney Boulton’s one-on-one representation of his clients enables him to monitor their treatment and continually shape the case strategy based on updates and new developments.

2.) Keep copies of your medical records and bills as they come in, since you’ll eventually need a full picture of your treatment before anyone can put a real number on your claim.

One of several valuable services attorney Boulton provides his clients is locating and obtaining certified copies of every medical record and bill from each of the various providers connected to your treatment. This helps to ensure your compensation is full and complete, down to the last penny.

3.) Before you sign anything the insurance company sends you, including a settlement offer, medical release authorization, or a request for a recorded statement, talk to an experienced Indiana personal injury attorney first.

It costs absolutely nothing to ask attorney Boulton questions or request a free legal consultation; however, once you’ve signed a release, there’s likely no undoing it.

How Boulton Law Group Works With Clients Like You

Attorney Matt Boulton has spent his entire professional career representing seriously injured auto accident victims throughout Indiana, and he personally handles every facet of each client’s case. There’s no passing of messages between assistants or various staff. When you call, you’re speaking with the founder and chief architect at one of Indiana’s top-rated personal injury law firms.

Additionally, to help ensure every injured Hoosier has access to award-winning legal representation, Boulton Law Group has a Zero Fee Guarantee. This promise means your legal consultation is free, and you never pay attorney fees unless the firm successfully recovers compensation on your behalf.

If you’re being pushed toward a settlement while you’re still in pain, or you’re simply unsure if you should settle, let’s talk before you sign anything. You can speak directly to attorney Boulton by calling 317-350-2680, or you can send the details of your settlement story by using the firm’s confidential, free contact form.

You shouldn’t have to figure this out alone, and you shouldn’t have to settle for less than what your recovery actually requires.