Your healing doctor or Chiropractor has released you from medicine for your motor vehicle crisis and enough 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 enterprise who insures Fred Fuddle, the individual who plowed into your rear end, smashing you with a enormous 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 guarnatee claims as "Special Damages". Those are your healing 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:
Letterhead
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, settlement value. If that's the situation you should procure the services of the local Legal Beagle who does a good job at that, Attorney I.M. Greedy. But, if you do, be very specific when you sign Greedy's "Contingency Fee Agreement". Read it closely. Don't sign anything that will let him payment you one penny, other than his general 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 proper 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 procure 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 deal with and rule the claim yourself.
Type Of someone You Are: Rate yourself and be brutally honest. You're most likely an midpoint motor vehicle owner/driver, living a general 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 notice when forming expectations with regard to what your case is worth.
The Type Of someone Fred Fuddle Is: The best Fred Fuddle looks, or the best the "entity" "(Fuddle's enterprise or company, etc.) appears, the best 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 suitable 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, crisis Room, Hospital and/or Clinic Charges, Chiropractor, and/or Dentist, Over-The-Counter Drugs and/or designate Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (Ct) Scan, Prosthetic Appliances or Surgical Apparatus, (Cranes & Crutches), corporeal 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 healing special Damage "expenses" don't overlook one single dollar because, when it comes time to rule 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 settlement time).
Non-Medical special Damages: These typically include Lost Wages and Earnings, Lost Vacation time and/or Sick Leave, trip Expenses (car rentals, collective transportation, expenses incurred getting to and from your Chiropractor and/or hospital and/or corporeal therapy "treatment" of some sort) Household Help during disability and/or Child Care. Be sure to procure written proof of such "Non Medical" special Damages.
Lost Wages: The wage you lost, because you were unable to work, is an area where adjusters take terrible advantage of the typical claimant because they know so slight about it.
Commissions and overtime can make a huge inequity in your lost earnings. Be sure to get a letter from your employer, on their lawful letterhead, explaining that in detail. Or, if you're self-employed, get this facts 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 enterprise guarnatee coverage, or by taking sick leave, or some similar arrangement.
Even if you're salaried you should procure a "Lost Earnings", or "Time Lost Verification", in writing on your employer's letterhead.
If You'Re Self-Employed: To prove your lost wage you'll probably have to assemble some inside facts for Hard-Nose. If you don't like the idea of submitting secret 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 procure enough compensation, that's your only alternative.
Two necessary Areas with regard to 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 write back to either question 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 rights when you and Hard-Nose plunk yourselves down to "Talk Turkey". Photocopies are enough to give him.
Your Age: Because of their distinct innocence, guarnatee claim crisis victims, up to the age of 12, commonly have exquisite settlement results. Those in their teens, and into their late 50's, fall into a fairly general type because they're commonly determined to be at the height of their corporeal stamina. Those in their late 60's, and over, normally fare extremely well; primarily due to the condolement that's often invoked, from a judge or jury, because of general attitudes with regard to frailty and the elderly.
Most important To Remember:The facts Hard-Nose places into your file plays a major role in the extreme value of your claim. Never underestimate the significance 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 inherent witnesses, etc., (in increasing to the facts you've documented for him) could have immense influence on the value of your claim - - especially if Fuddle is a loser and he's unquestionably in the wrong. At that point the only thing stalling a settlement 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 distinct 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 facts 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 rights Reserved
Disclaimer: The purpose of this "How To" guarnatee Claim record "Placing A Value On Your Personal Injury Claim" is to help citizen understand the motor vehicle crisis claim process. Dan Baldyga does not make any guarantee of any kind whatsoever, Nor do they purport to engage in rendering any expert or legal service, Nor to substitute for a lawyer, an guarnatee adjuster, or claims consultant, or the like. Wherever such expert help is desired it is the Individual'S responsibility to procure said services.
Dan Badlyga has had 3 "How To" guarnatee Claim books published, the last being Auto crisis Personal Injury guarnatee Claim (How To rate And rule Your Loss) which can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com.
This book explains, in straightforward language, "How To" deal with your motor vehicle property damage and/or personal injury claim. It also contains Base (The Baldyga Auto crisis settlement appraisal Formula). The Base method will elucidate how to rule the value of the "Pain and Suffering" you endured - - because of your motor vehicle crisis injury!
Placing A Value On Your Personal Injury Claim
No comments:
Post a Comment