Your Medical Doctor or Chiropractor has released you from treatment for your motor vehicle accident and sufficient time has passed so you are going to place yourself to sit down with Adjuster Henry Hard-Nose. His company is Rock Solid Insurance, the company who insures Fred Fuddle, the individual who plowed into your back end, smashing you with a tremendous crash which was responsible for your injuries and the”Pain and Suffering” you have had to endure.
To be adequately compensated for what you have gone through you must have gathered what’s identified in the area of insurance claims because”Special Damages”. Those are the Medical bills, your Lost Wages plus each dollar paid out to help with your restoration. When constructing the value of a personal injury claim there are several key elements you should be aware of:
LIABILITY: In the great majority of motor vehicle mishaps it’s clear who was to blame. Assuming that Fuddle struck you a powerful blow at the back end (rear-enders make up well over half of the motor vehicle accidents that happen in the USA annually ) yours is a case that must be settled. (Final Statistics show that in 83 percent of injury’s that took place in 2003 it is clear who was at fault)!
The exact doubtful liability case has little, if any, settlement value. If that’s the case you need to get the help of the local Legal Beagle who really does a fantastic job at that, Attorney I.M. Greedy. However , if you do, be really cautious when you register Greedy’s”Contingency Fee Agreement”. Read it carefully. Don’t sign anything which will let him charge you one penny, other than his normal fee. Do not – in any way at all – – allow him to chisel any money from you, for his flat-rate costs. All Greedy ought to be compensated for (if he is successful at busting loose some bucks from Rock Solid) is his commission and that should be no longer than the usual locally printed accepted percentage of the total recovery.
TYPE OF INJURY: If there are acute injuries (which make up only ten to fifteen percent of motor vehicle accidents) you ought to get the services of a lawyer. However, if you’ve had minor injuries like whiplash, bumps, bruises, sprains and/or strains (and it is clear you are not at fault) you can handle and settle the claim yourself.
TYPE OF PERSON YOU ARE: Rate yourself and be brutally honest. You are probably an average motor vehicle owner/driver, living a regular life. But if you have spent some time behind bars, have a criminal record, or a history of character flaws which often get your butt in a jam with the local cops (which really is well-known) you must take these facts into consideration when forming expectations regarding what your situation is worth. NOVA Injury Law
THE Kind OF PERSON FRED FUDDLE IS: The greater Fred Fuddle seems, or the better the”entity” (Fuddle’s business or company, etc.) appears, the greater for Rock Solid. But if Fuddle is a known bookie or drug dealer, they are in deep”stuff”. On the other hand, if Fuddle is a well-loved philanthropist, that may be a plus for Rock Solid Insurance. Or when the vehicle that struck you was a van driven by Pastor Frederick Fuddle, and the named insured is The Fuddle Camp For Lost Souls, which can be a plus for Rock Solid.
But if the”thing” that struck you was a dilapidated crap heap on brakes 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 generally include Price of Ambulance, Emergency Room, Hospital or Clinic Charges, Chiropractor, and/or Dentist, Over-The-Counter Drugs and/or Prescription Medicines, 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. Accidents, Slip & Fall Claims | NOVA Injury Law
In regards to listing your Medical Special Damage” costs” don’t overlook one single dollar since, when it comes time to settle your own claim, that dollar can increase the value of your payment for”Pain and Suffering” with a multiplier of four or even five! (Yes, that means a $20.00 charge may be worth $80.00 to $100.00 longer, in your pocket, from Rock Solid Insurance, in settlement period ).
NON-MEDICAL SPECIAL DAMAGES: These typically include Lost Wages and Earnings, Lost Holiday time and/or Sick Leave, Travel Expenses (car rentals, public transportation, expenditures incurred getting to and from the Chiropractor and/or hospital or physical treatment”treatment” of a sort) Household Help during handicap and/or Child Care. Make sure you obtain written proof of such”Non-Medical Special Damages.
LOST WAGES: The income you lost, since you’re not able to operate, is an area where adjusters take terrible advantage of this normal claimant since they understand so little about it.
Commissions and overtime can make a huge difference in your missing earnings. Be sure to acquire a letter from the employer, in their official letterhead, explaining that in detail. Or, if you are self-employed, get this information stated in your accountant’s letterhead.
The time you miss from work (thus the money you may have lost) is calculated and this component constitutes what is known as”Lost Wages” or”Lost Time Verification”. In most situations, you are entitled to compensation for lost time and earnings, even if you have no actual loss of money! Such as, as an instance, as soon as your salary is paid by your business insurance policy, or by taking sick leave, or any similar arrangement.
Even when you’re salaried you should get a”Lost Earnings”, or”Time Lost Verification”, in writing on your employer’s letterhead.
IF YOU’RE SELF-EMPLOYED: To prove your lost earnings you will most likely have to assemble some inside information for Hard-Nose. If you don’t like the notion of submitting private 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. If a case goes to trial, and if you want to prove your damages in order to collect sufficient compensation, that’s your only choice.
TWO CRITICAL AREAS REGARDING LOST WAGES: Why did the harm necessitate a change of employment or job at a lesser rate? Or, did the injury allow your moving to work but only on a part-time foundation? If the answer to either question is”Yes”, it would be smart to request your employer to record these facts on their letterhead.
IT’S CRUCIAL FOR YOU TO KNOW: Actually if you’ve been paid while from work, you’re still able to calculate your own time lost from work as”Lost Wages”.
PROPERTY DAMAGE EXPENSES: These generally 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 costs. Keep the originals. Be sure to get those in your possession when you and Hard-Nose plunk yourselves down to”Talk Turkey”. Photocopies are sufficient to provide him.
YOUR AGE: Because of the obvious innocence, insurance claim accident victims up to the age of 12, generally have outstanding settlement effects. Individuals in their teens, and into their late 50’s, fall into a rather normal category because they’re generally considered to be in the height of the physical stamina. Those in their late 60’s, and over, usually fare extremely well; primarily due to the sympathy that is often invoked, from a judge or jury, because of general attitudes regarding frailty and the elderly.
MOST IMPORTANT TO REMEMBER: The information Hard-Nose puts into your document plays a major part in the ultimate value of your claim. Never underestimate the significance of his impressions and decisions! Should, 1 day, your case winds up in front of a judge, or jury, what Hard-Nose feels, observes and then reports to your document at Rock Solid about you, his guaranteed Fred Fuddle, and/or potential witnesses, etc., (along with the information that you’ve recorded for him) could have enormous influence on the value of your claim – – especially if Fuddle is a loser and he is absolutely in the wrong. At that point, the only thing stalling a payoff is the sum of money it is 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 liability and injury, will cause him to gasp, “Hey, what’s going on here? My legal fees will be higher than the few hundred dollars this one can be dumped for.”
The bottom line: Your back expenses correctly recorded and presented, your injury information correctly documented and your lost wages clearly established will dramatically raise the dollar value of your personal injury claim.