Your curative physician or Chiropractor has released you from treatment for your motor vehicle urgency and adequate time has passed so you're about to position yourself to sit down with Adjuster Henry Hard-Nose. His boss is Rock Solid Insurance, the firm who insures Fred Fuddle, the individual who plowed into your rear end, smashing you with a sizable crash which was responsible for your injuries plus the "Pain and Suffering" you've had to endure.
To be adequately compensated for what you've gone through you must have accumulated what's identified in the world of assurance claims as "Special Damages". Those are your curative 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 it's clear who was at fault. Assuming that Fuddle struck you a qualified 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 accident's that took place in 2003 it's clear who was at fault) !
The very doubtful liability case has little, if any, village value. If that's the situation you should accumulate the services of the local Legal Beagle who does a good job at that, Attorney I.M. Greedy. But, if you do, be very just when you sign Greedy's "Contingency Fee Agreement". Read it closely. Don't sign anyone that will let him payment 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 he's victorious at busting loose some bucks from Rock Solid) is his fee and that should be no more than the usual locally published approved division 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 accumulate the services of a lawyer. But, if you've had minor injuries like whiplash, bumps, bruises, sprains and/or strains (and it's clear you're not at fault) you can cope and decide the claim yourself.
Type Of someone You Are: Rate yourself and be brutally honest. You're most likely an mean motor vehicle owner/driver, living a normal life. But, if you've 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 observation when forming expectations about what your case is worth.
The Type Of someone Fred Fuddle Is: The great Fred Fuddle looks, or the great the "entity" "(Fuddle's firm or company, etc.) appears, the great for Rock Solid. But, if Fuddle is a known bookie or drug dealer, they're 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 convenient for Rock Solid.
Damages: There are "Medical extra Damage" Expenses, "Non-Medical extra Damages" Expenses, and/or your "Property Damage" Expenses.
Medical extra Damage Expenses: These typically include Cost of Ambulance, urgency Room, Hospital and/or Clinic Charges, Chiropractor, and/or Dentist, Over-The-Counter Drugs and/or prescribe Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (Ct) Scan, Prosthetic Appliances or Surgical Apparatus, (Cranes & Crutches), corporal 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 curative extra Damage "expenses" don't overlook one singular dollar because, when it comes time to decide your claim, that dollar can growth the value of your cost for "Pain and Suffering" by a multiplier of four or even five! (Yes, that means a .00 bill can be worth .00 to 0.00 more ,in your pocket, from Rock Solid Insurance, at village time).
Non-Medical extra Damages: These typically include Lost Wages and Earnings, Lost Vacation time and/or Sick Leave, voyage Expenses (car rentals, public transportation, expenses incurred getting to and from your Chiropractor and/or hospital and/or corporal therapy "treatment" of some sort) Household Help while disability and/or Child Care. Be sure to accumulate written proof of such "Non Medical" extra Damages.
Lost Wages: The revenue you lost, because you were unable to work, is an area where adjusters take terrible advantage of the typical claimant because they know so small about it.
Commissions and overtime can make a huge unlikeness in your lost earnings. Be sure to get a letter from your employer, on their legal letterhead, explaining that in detail. Or, if you're 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 you're entitled to payment for lost time and earnings, even if you have no actual loss of money! Such as, for example, when your wage is paid by your firm assurance coverage, or by taking sick leave, or some similar arrangement.
Even if you're salaried you should accumulate a "Lost Earnings", or "Time Lost Verification", in writing on your employer's letterhead.
If You'Re Self-Employed: To prove your lost revenue you'll probably have to assemble some inside information for Hard-Nose. If you don't like the idea of submitting hidden documents to him, in the privacy of your home or office, just think how you'd 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 accumulate adequate compensation, that's your only alternative.
Two indispensable Areas about Lost Wages: Did the injury necessitate a convert 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 whether quiz, is "Yes", it would be wise to ask your boss to document these facts on their letterhead.
It'S Crucial For You To Know: Even if you've 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 ownership when you and Hard-Nose plunk yourselves down to "Talk Turkey". Photocopies are adequate to give him.
Your Age: Because of their unavoidable innocence, assurance claim urgency victims, up to the age of 12, ordinarily have perfect village results. Those in their teens, and into their late 50's, fall into a fairly normal category because they're ordinarily determined to be at the height of their corporal stamina. Those in their late 60's, and over, ordinarily fare extremely well; primarily due to the condolence that's often invoked, from a judge or jury, because of normal attitudes about frailty and the elderly.
Most prominent To Remember:The information Hard-Nose places into your file plays a major role in the extreme value of your claim. Never underestimate the point 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 potential witnesses, etc., (in addition to the information you've documented for him) could have immense affect on the value of your claim - - especially if Fuddle is a loser and he's easily in the wrong. At that point the only thing stalling a village is the whole of money it's 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 unavoidable 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 lowest line: Your out-of-pocket expenses correctly recorded and presented, your injury information properly documented and your lost wages clearly established will seriously growth 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 ownership Reserved
Disclaimer: The purpose of this "How To" assurance Claim description "Placing A Value On Your Personal Injury Claim" is to help citizen understand the motor vehicle urgency claim process. Dan Baldyga does not make any guarantee of any kind whatsoever, Nor do they purport to engage in rendering any pro or legal service, Nor to substitute for a lawyer, an assurance adjuster, or claims consultant, or the like. Wherever such pro help is desired it is the Individual'S responsibility to accumulate said services.
Dan Badlyga has had 3 "How To" assurance Claim books published, the last being Auto urgency Personal Injury assurance Claim (How To evaluate And decide 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" cope your motor vehicle property damage and/or personal injury claim. It also contains Base (The Baldyga Auto urgency village appraisal Formula). The Base formula will expound how to decide the value of the "Pain and Suffering" you endured - - because of your motor vehicle urgency injury!
Placing A Value On Your Personal Injury Claim
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