Placing A Value On Your Personal Injury Claim

Your Medical Doctor or Chiropractor has released you from treatment for your motor vehicle accident and enough time has passed so youre about to position yourself to sit down with Adjuster Henry Hard-Nose. His employer is Rock Solid Insurance, the company who insures Fred Fuddle, the individual who plowed into your rear end, smashing you with a tremendous crash which was responsible for your injuries plus the Pain and Suffering youve had to endure.

To be adequately compensated for what youve gone through you must have accumulated whats identified in the world of insurance claims as Special Damages. Those are your Medical bills, your Lost Wages plus every dollar paid out to help with your recovery. When building the value of a personal injury claim there are several key elements you should be aware of:

LIABILITY: In the vast majority of motor vehicle accidents its clear who was at fault. Assuming that Fuddle struck you a mighty blow in the rear end (rear-enders make up well over half of the motor vehicle accidents that take place in the United States each year) yours is a case that must be settled. (Final Statistics prove that in 83% of accidents that took place in 2003 its clear who was at fault) !

The very doubtful liability case has little, if any, settlement value. If thats the situation you should obtain the services of the local Legal Beagle who does a good job at that, Attorney I.M. Greedy. But, if you do, be very careful when you sign Greedys Contingency Fee Agreement. Read it closely. Dont sign anything that will let him charge you one penny, other than his normal fee. Do not - - in any way whatsoever - - allow him to chisel any money from you, for his out-of-pocket expenses. All Greedy should be compensated for (if hes successful at busting loose some bucks from Rock Solid) is his fee and that should be no more than the usual locally published accepted percentage of the total recovery.

TYPE OF INJURY: If there are severe injuries (which make up only ten to fifteen percent of all motor vehicle accidents) you should obtain the services of a lawyer. But, if youve had minor injuries like whiplash, bumps, bruises, sprains and/or strains (and it's clear you're not at fault) you can handle and settle the claim yourself.

TYPE OF PERSON YOU ARE: Rate yourself and be brutally honest. Youre most likely an average motor vehicle owner/driver, living a normal life. But, if youve spent some time behind bars, have a criminal record, or a history of character defects that often get your butt in a jam with the local cops (and this is well-known) you must take those facts into consideration when forming expectations regarding what your case is worth.

THE TYPE OF PERSON FRED FUDDLE IS: The better Fred Fuddle looks, or the better the "entity" (Fuddles business or company, etc.) appears, the better for Rock Solid. But, if Fuddle is a known bookie or drug dealer, theyre in deep stuff. On the other hand, if Fuddle is a well-loved philanthropist, that can be a plus for Rock Solid Insurance. Or if the vehicle that struck you was a van driven by Pastor Frederick Fuddle, and the named insured is The Fuddle Camp For Lost Souls, that can be a plus for Rock Solid.

But, if the entity that hit you was a dilapidated junk pile on wheels operated by Fred Goof-Ball Fuddle, and the named insured is The Fuddle Rotted Cow Manure Corporation, that will obviously not be favorable for Rock Solid.

DAMAGES: There are Medical Special Damage Expenses, Non-Medical Special Damages Expenses, and/or your Property Damage Expenses.

MEDICAL SPECIAL DAMAGE EXPENSES: These typically include Cost of Ambulance, Emergency Room, Hospital and/or Clinic Charges, Chiropractor, and/or Dentist, Over-The-Counter Drugs and/or Prescription Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus, (Cranes & Crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Ace Bandages, Gauze and Tape, Heating Pads, Creams, Lotions, Ointments, Balms and Salves.

When it comes to listing your Medical Special Damage expenses dont overlook one single dollar because, when it comes time to settle your claim, that dollar can increase the value of your payment for Pain and Suffering by a multiplier of four or even five! (Yes, that means a $20.00 bill can be worth $80.00 to $100.00 more ,in your pocket, from Rock Solid Insurance, at settlement time).

NON-MEDICAL SPECIAL DAMAGES: These typically include Lost Wages and Earnings, Lost Vacation time and/or Sick Leave, Travel Expenses (car rentals, public transportation, expenses incurred getting to and from your Chiropractor and/or hospital and/or physical therapy treatment of some sort) Household Help during disability and/or Child Care. Be sure to obtain written proof of such "Non Medical" Special Damages.

LOST WAGES: The income you lost, because you were unable to work, is an area where adjusters take terrible advantage of the typical claimant because they know so little about it.

Commissions and overtime can make a huge difference in your lost earnings. Be sure to get a letter from your employer, on their official letterhead, explaining that in detail. Or, if youre self-employed, get this information stated on your accountants letterhead.

The time you miss from work (thus the money you may have lost) is calculated and this element constitutes what is known as Lost Wages or Lost Time Verification. In most situations youre entitled to compensation for lost time and earnings, even if you have no actual loss of money! Such as, for example, when your salary is paid by your company insurance coverage, or by taking sick leave, or some similar arrangement.

Even if youre salaried you should obtain a "Lost Earnings", or "Time Lost Verification", in writing on your employers letterhead.

IF YOURE SELF-EMPLOYED: To prove your lost earnings youll probably have to assemble some inside information for Hard-Nose. If you dont like the idea of submitting private documents to him, in the privacy of your home or office, just think how youd feel about producing them in the non-private environment of a courtroom. When a case goes to trial, and if you want to prove your damages so as to collect adequate compensation, thats your only alternative.

TWO CRITICAL AREAS REGARDING LOST WAGES: Did the injury necessitate a change of job or employment at a lesser rate? Or, did the injury allow your going to work but only on a part-time basis? If the answer to either question is Yes, it would be wise to ask your employer to document these facts on their letterhead.

ITS CRUCIAL FOR YOU TO KNOW: Even if youve been paid while out of work, you can still compute your time lost from work as Lost Wages .

PROPERTY DAMAGE EXPENSES: These typically include Motor Vehicle Repair, Damaged Clothing, Broken Glasses, cost of Substitute Car Rentals, Towing and Storage. Make copies of all bills relating to any of your property damage expenses. Keep the originals. Be sure to have these in your possession when you and Hard-Nose plunk yourselves down to "Talk Turkey". Photocopies are sufficient to give him.

YOUR AGE: Because of their obvious innocence, insurance claim accident victims, up to the age of 12, generally have excellent settlement results. Those in their teens, and into their late 50s, fall into a fairly normal category because theyre generally considered to be at the height of their physical stamina. Those in their late 60s, and over, usually fare extremely well; primarily due to the sympathy thats often invoked, from a judge or jury, because of general attitudes regarding frailty and the elderly.

MOST IMPORTANT TO REMEMBER:The information Hard-Nose places into your file plays a major role in the ultimate value of your claim. Never underestimate the importance of his impressions and conclusions! Should, one day, your case ends up in front of a judge, or jury, what Hard-Nose feels, observes and then reports into your file at Rock Solid about you, his insured Fred Fuddle, and/or possible witnesses, etc., (in addition to the information youve documented for him) could have massive influence on the value of your claim - - especially if Fuddle is a loser and hes absolutely in the wrong. At that point the only thing stalling a settlement is the amount of money its going cost to get rid of you.

And, should your file end up in the hands of the local defense attorney for Rock Solid Insurance, all the positive factors about you, your injury and liability, will cause him to gasp, Hey, what's going on here? My legal fees will be higher than the few hundred more bucks this one can be dumped for.

The bottom line: Your out-of-pocket expenses correctly recorded and presented, your injury information properly documented and your lost wages clearly established will seriously increase the dollar value of your personal injury claim.

QUESTION: How does Dan know this to be true? ANSWER: Because for 38 years Dan was right there, where he saw and done that" !

Copyright (c) 2005 by Daniel G. Baldyga. All Rights Reserved

DISCLAIMER: The purpose of this "How To" Insurance Claim Article "PLACING A VALUE ON YOUR PERSONAL INJURY CLAIM" is to help people understand the motor vehicle accident claim process. Dan Baldyga does not make any guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Wherever such professional help is desired it is the INDIVIDUALS RESPONSIBILITY to obtain said services.

Dan Badlyga has had 3 "How To" Insurance Claim books published, the last being AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) which can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com.

This book explains, in simple language, "How To" handle your motor vehicle property damage and/or personal injury claim. It also contains BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA will explain how to determine the value of the "Pain and Suffering" you endured - - because of your motor vehicle accident injury!

Dan Baldyga spent over 3 decades within the area of Insurance Claims, as an Adjuster, Supervisor and then Manager. He was then promoted to Trial Assistant where he worked another 5 years on thousands of Insurance Claim case.

eMail: dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss) - http://www.autoaccidentclaims.com

Evansville Law Firms
Immigration Attorney Knoxville
Bill Of Sale Automobile
Employment Discrimination Attorney
Eastern Law Firm
Maryland Child Custody
Missoula Law Firm
Novi Lawyers
Livonia Attorney
Best Immigration Lawyers

Top 10 Myths About Personal Injury Claims

TOP TEN MYTHS

1. You have to go to court to win compensation

2. All solicitors are out to take what they can from their clients

3. Claims are complex and time consuming

4. Conversely there is a view that compensation claims are easy

5. Compensation claims take years to settle

6. Insurers will treat you fairly who needs a lawyer

7. The compensation culture is booming people will claim for absolutely anything.

8. Claiming against your employer will get you sacked

9. You can't obtain treatment whilst in the middle of making a claim

10. The law protects the big companies and large employers

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

1. MYTH - You have to go to court to win compensation

You do not in fact have to go to court to obtain compensation. Most claims that we deal with are settled out of court and long before any litigation is deemed necessary. Insurers recognise that it is cheaper to settle a case amicable and out of the court process rather than waste money on costs and delays.

Less than 4% of the claims we deal with ever reach court. Most claims actually conclude within 12 months.

2. MYTH - All solicitors are out to take what they can and there are kickbacks and hidden fees to pay when claiming.

It would be fair to say that the legal industry does not enjoy particularly good press. According to some observers, solicitors are considered aloof, arrogant, out of touch and out for what they can get. Scare stories about hidden fees and kickbacks abound and it can be hard convincing prospective clients that we are the good guys.

These really are unfair and outdated views. Solicitors are one of the best regulated professionals in the UK closely monitored by the Law Society. Most reputable personal injury solicitors in England & Wales will deal with your claim without charge under the No win No fee principles adopted through legislation in 1999 / 2000.

3. MYTH - Compensation claims are complex and time consuming

This is inaccurate. Most claims (generally involving soft tissue injuries) settle within 8-12 months providing there are no issues on liability. More complex claims where liability is disputed or where there has been a more serious injury inevitably will take longer to conclude.

There is some initial inconvenience because in order to start a claim you have to complete some paperwork but thereafter a claimant has very little to do. Your solicitor will take care of the claim from day one and help to minimise any inconvenience.

Despite what you read elsewhere on less reputable websites there is no easy route or quick fix as far as compensation claims are concerned. However a competent lawyer will minimise delay and hassle for their client.

4. MYTH - Insurers will treat you fairly who needs a solicitor!

Most insurers have drastically altered their approach to claims handling in the UK. They are now far more proactive and cooperative than they have ever been and the personal injury protocol rules which were introduced in 1999 have helped to control the claims process from both the claimant and defendant perspectives.

Despite this insurers have one aim in mind when negotiating settlement of a claim to save costs.

They have departments of specially trained staff who will negotiate the best possible deal that they can for the insurance company. That is why you need a solicitor to ensure that you receive the right settlement at the right time.

Dont lose out on compensation by dealing directly with an insurer. It is an unfair contest with only one victor.

5. MYTH - Conversely there is a view that compensation is easy like receiving a blank cheque.

Only genuine individuals with good cause for making a claim will actually recover damages. The claims process is not going to provide a route to easy money. You will receive only what you have lost out of your own pocket or what you are entitled to receive for the pain and suffering elements.

6. MYTH - Compensation claims take years to settle

As stated above, most claims conclude within 8-12 months assuming there are no problems on liability or with a claimants general recovery from the injury sustained.

7. The compensation culture is booming - people will claim for absolutely anything.

One of the biggest myths of all is that there is a burgeoning compensation culture in the UK and that people really will claim for absolutely anything regardless of whether such a claim might be morally or ethically acceptable.

This is complete nonsense but dont just take our word for it. The Which? Consumer Group has this to say on their website Despite claims that the UK has a 'compensation culture' the total costs of compensation cases in Britain has stayed the same since 1989. Which? believes it is important to tackle such claims, because they can create the impression that its wrong to seek redress.

The stagnation of claim volumes is primarily a result of the legal profession selecting more rigidly which cases are actually viable and which are clearly not merited. The fact that claims volumes have not risen despite legal marketing initiatives and the growth of the internet, confirms that there is no compensation culture in the UK.

This does not prevent the odd ridiculous case reaching court or being publicised by the national press.

8. Claiming against your employer will get you sacked

Many people injured at work fear losing their jobs if they make a personal injury claim following an accident at work.

Most employers would not countenance dismissing an injured employee but this cannot be ruled out in any situation. It would be appropriate to claim for unfair dismissal if any employer sacked an individual for making a claim following an injury sustained in the workplace. The law protects workers in these situations although people employed for less than 12 months may not have the same rights.

9. You cannot obtain treatment whilst in the middle of making a claim

Most insurers now look at claims in a more proactive manner and may arrange to rehabilitate injured parties during key stages of the recovery process. Whiplash physiotherapy for example is now readily available once liability has been assessed.

Receiving early treatment can be a huge advantage promoting a more complete and timely recovery.

10. The law protects the big companies and large employers the small man never wins.

Fortunately the opposite is true. The laws that we have in the UK are amongst the most compassionate and considerate in the civilised world (a rather dramatic statement but accurate nevertheless). The public are well protected with laws governing the state and maintenance of our highways, the use of vehicles or other machinery, health & safety at work or regarding the public generally and much much more.

The law protects both the individual and the organisations. Free legal advice on virtually any issue is now available to all and the public have far more powers of legal redress than they have ever previously enjoyed.

If you have suffered personal injury following any type of accident in the UK contact us today for FREE and impartial advice on your case. We are here to help 7 days a week 8am-8pm.

If you have suffered a personal injury following an accident in the UK contact us today for FREE and impartial advice on your case. We are here to help 7 days a week 8am-8pm.

Martin Nolan is an internet marketer working with UK Solicitors offering legal help and compensation advice to accident victims. Visit http://www.claimrights.co.uk for more information.

Massachusetts Child Custody
Elizabethtown Lawyers
Credit Card Debt Laws
Florida Civil Rights Attorney
Living Together Agreement
Waverly Attorney
Pasadena Law Firms
Evansville Law Firms
Car Accidents Statistics
Ontario Family Law Act