Be Careful What You Sign

A person who had been injured in an automobile collision came to see me. She spoke little or no English. Before she came to see me, she was contacted by the insurance company for the driver who caused the collision and went to an insurance office to meet with people from the insurance company. She took someone with her who could interpret for her. When they got to the insurance office, she was given a check for a small amount of money. It was her understanding that it was to take care of her immediate medical bills resulting from the accident. However, on the back of the check where the injured lady had to sign her name to endorse and cash the check, there was language which stated that by signing the back of the check the lady was settling her entire claim against the insurance company. She signed the back of the check and cashed it.

When this young lady came to me for help in recovering for the damages she sustained in the collision including all medical bills, past and future, loss of earning capacity, pain and suffering, etc., the insurance company told me that she had already settled her claim and released the driver who caused the collision from further liability. The insurance company was basing their position on the language on the back of the check she had signed.

Fortunately, the story of this young lady had a happy ending because we were able to get a sworn statement from the interpreter that neither she nor the young lady understood that the check was intended to be a full and final settlement, and based on that affidavit, the insurance company agreed to pay additional damages to my client. HOWEVER, if the insurance company had not agreed to do this there was the possibility that we might not have been able to get any additional money for this young lady.

This story should remind everyone to be very careful about what you sign. Particularly if you are dealing with an insurance company, you should read everything very carefully, ask as many questions as you need to in order to be sure you understand, and if you are not completely satisfied that you understand, you should consult with an attorney. Usually, in cases involving insurance, attorneys will consult with you without requiring any fee to be paid at the time of the consultation. If the consultation is short and the amount of damages is not great, there may be no charge at all. If the damages are significant, the attorney will probably consult with and assist you on a contingent fee basis. As I have explained in a previous article, this means you will not owe the attorney anything unless and until the attorney gets money from the insurance company for you.

I would recommend that you never sign a document presented to you by an insurance company that is intended to be a final release and settlement of your claim without first consulting with an attorney. Many times insurance adjusters will tell someone that a particular amount of money is a fair settlement or is all that there is available, but that may not be true. Certainly if you or someone you love is injured, or if a family member has been killed by someone else's negligence, you should get proper advice as to what your rights are and what a fair settlement is.

Remember this simple rule: BE CAREFUL WHAT YOU SIGN!

IF YOU HAVE SUFFERED SERIOUS INJURIES IN AN ACCIDENT, PLEASE CALL YOUR LAWYER, ROLAND BROWN LAW OFFICES, FOR HELP. WE'RE HERE FOR YOU!

*Important Note: The information contained in this article is not intended as a substitute for legal advice and is meant merely to provide a general understanding of the topic discussed. If you have a legal problem you should contact an attorney who can give you legal advice after hearing all the facts concerning your problem. We at the ROLAND BROWN LAW OFFICES would welcome the opportunity to be that attorney.