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Placing A Value On Your Personal Injury Claim
Your Medical Doctor or Chiropractor has released you from your car accident treatment and enough time has passed that you are ready to put yourself down with the Henry Hard-Nose Adjuster. His employer is Rock Solid Insurance, the company that insures Fred Fuddle, the guy who plows your rear end, indemnifies you for the serious accident that caused your injuries and the “Pain and Suffering” you had to endure.
In order to receive adequate compensation for what you have gone through you must collect what is referred to in the world of insurance claims as “special damages”. That’s your Medical Bills, your Lost Earnings and every dollar paid to help you recover. When building the value of a personal injury claim there are several important things to be aware of:
LIABILITY: In most car accidents it is clear who is responsible. Assuming Fuddle hits you in the rear (rear-ends make up more than half of all car accidents in the United States each year) it’s your fault that needs to be resolved. (The latest Statistics prove that in 83% of the accidents that happened in 2003 it is clear who was at fault) !
A bad debt loan has little, if any, debt settlement value. If that is the case you should get the services of Legal Beagle who does a good job at that, Attorney IM Greedy. But, if you do, be very careful when you sign Greedy’s “Emergency Fee Agreement”. Read it thoroughly. Don’t sign anything that will allow him to charge you a single penny, other than his usual fee. Do not – – in any way – – allow him to take any money from you, for his out-of-pocket expenses. Every greedy person should be compensated (if they succeed in extracting some bucks from Rock Solid) by their fee and that should not be more than the usual locally published percentage of the total compensation.
TYPE OF INJURY: If there are serious injuries (which only make up ten to fifteen percent of car accidents) you should get the services of an attorney. But, if you have suffered minor injuries such as whiplash, bumps, sprains, sprains and / or sprains (and it is clear that you are not at fault) you can handle and settle the claim yourself.
PERSONALITY TYPE: Moderate and ruthlessly honest. You are probably a normal car owner/driver, living a normal life. But, if you have spent some time behind bars, have a criminal record, or a history of defects that often make your butt a problem with the local police (and this is well known) you should take those facts into account. when making predictions about the value of your loan.
FRED FUDDLE’S PERSONALITY IS DIFFICULT: The better Fred Fuddle looks, or the more “corporate” (Fuddle’s business or company, etc.) looks, the better for Rock Solid. But, if Fuddle is a famous book or drug dealer. On the other hand, if Fuddle you’re a popular philanthropist, that would be Rock Solid Insurance.and an insurance called Fuddle Camp for Lost Souls, that would be a plus for Rock Solid.
But, if the “corporation” hitting you was a pile of dirt on wheels driven by Fred “Goof-Ball” Fuddle, and the name of the insurer was The Fuddle Rotted Cow Manure Corporation, it sure wouldn’t like Rock Solid.
DAMAGES: There are “Special Medical Damages” Expenses, “Special Non-Medical Damages” Expenses, and/or your “Property Damage” expenses.
CERTAIN MAJOR MEDICAL EXPENSES: These typically include Ambulance, Emergency Room, Hospital and/or Clinic Fees, Chiropractor, and/or Dentist Fees, Over-the-Counter Medicines and/or Prescription Medicines, Laboratory Fees and Services , Diagnostic Tests: X-Rays and (CT) Scan, Prosthetic Equipment or Surgery Equipment, (Cranes & Crutches), Physical Therapy, Registered Nurse Fees and/or Practice, Ace Bandages, Gauze and Tape, Heating Pads, Creams, Lotions, Ointments, Balms and Salves. .
When it comes to listing your Special Medical Damages “expenses” don’t ignore one dollar because, when it comes time to pay your claim, that dollar can increase the value of your “Pain and Suffering” payment by four times. or five! (Yes, that means that $20.00 can be worth $80.00 to $100.00 more, out of your pocket, in Rock Solid Insurance, at the time of payment).
EXCEPTIONAL DAMAGES: This includes Lost Wages and Wages, Lost Vacation Time and/or Sick Leave, Travel Expenses (car rental, public transportation, expenses incurred to and from your Chiropractor and/or hospital and/or physical therapy “treatment” other type) Domestic help during disability and/or Child Care. Make sure you get written proof of special “non-medical” damages.
LOST INCOME: Lost income, because you were unable to work, is where adjusters take advantage of the common plaintiff because they know so little about it.
Commissions and overtime can make a big difference in your lost earnings. Make sure you get a letter from your employer, on their official letterhead, explaining that in detail. Or, if you’re self-employed, get this information listed in your accountant’s letterhead.
The time you miss from work (and thus the money you may lose) is calculated and this includes what is known as “Lost Wages” or “Lost Wages”. In most cases you are entitled to compensation for lost time and wages, even if there is no actual financial loss! For example, when your salary is covered by your company’s insurance, or by taking sick leave, or similar arrangements.
Even if you are salaried you should get “Lost Earnings”, or “Time Lost Verification”, in writing on your employer’s letterhead.
IF YOU ARE SELF-EMPLOYED: To prove your lost wages you will need to collect Hard-Nose insider information. If you don’t like the idea of submitting private documents to him, in the privacy of your home or office, just imagine how you would feel about producing them in the non-privilege of a courtroom. When the case goes to court, and you want to prove your damages in order to collect enough compensation, that’s the only option you have.
TWO IMPORTANT WAYS REGARDING LOST WINNING: Did the injury cause you to change jobs or work at a lower cost? Or, has an injury allowed you to work but temporarily? If the answer to any question is “Yes”, it would be wise to ask your employer to write these facts on his letterhead.
IMPORTANT TO KNOW: Even if you are paid while unemployed, you can still count the time lost from work as “Lost Earnings”.
PROPERTY DISPOSAL COSTS: These typically include Car Repairs, Damaged Property, Broken Glass, Rental Car Rental Costs, Towing and Storage. Make copies of all bills related to any damage to your property. Keep the originals. Make sure you have these when you and Hard-Nose throw down “Turkey Talk”. Photocopies are enough to give him.
YOUR AGE: Because of their apparent innocence, victims of insurance accidents, up to 12 years old, usually have very good results. Those in their teens and 50s fall into the normal category because they are generally considered to be at their peak fitness level. Those in their 60s and older, generally do very well; primarily because of the sympathy that is often called for, from a judge or jury, because of general attitudes toward the frail and elderly.
IMPORTANT TO REMEMBER: The information you put Hard-Nose on your file plays a big role in the final value of your claim. Never underestimate the importance of his opinions and decisions! Will, one day, your case will end up in front of a judge, or jury, how Hard-Nose feels, checked and reported on your Rock Solid file about you, Fred Fuddle insured, and/or potential witnesses, etc. . , (in addition to the information you wrote to him) can have a huge impact on the value of your claim – especially if Fuddle is missing and completely wrong. At that point the only thing in the deal is the amount of money it will cost to remove you.
And, should your file end up in the hands of a local defense attorney at Rock Solid Insurance, all the good things about you, your injuries and your liability, will cause him to avoid, “Hey, what’s going on here? My legal fees will make him avoid, “Hey , what’s going on here? be higher than a few hundred dollars more can be thrown away.”
The bottom line: Your out-of-pocket expenses are accurately recorded and reported, your injury information is properly documented and your guaranteed lost wages will increase the dollar value of your injury claim.
QUESTION: How does Dan know this is true? ANSWER: “Because for 38 years Dan was there, where he saw and did that”!
Copyright (c) 2005 by Daniel G. Baldyga. All rights reserved
DESCRIPTION: The purpose of this Insurance Claim “How To” article “VALUE YOUR INJURY CLAIM” is to help people understand the car accident claim process. Dan Baldyga makes no warranty of any kind, OR purports to be engaged in rendering any professional or legal service, OR to act as an attorney, insurance adjuster, or claims advisor, or the like. Wherever such assistance is desired IT IS THE PERSON’S RESPONSIBILITY to obtain said services.
Dan Badlyga has had 3 “How To” Insurance Claim books published, the last being AUTO ACCIDENT PERSONAL INJURY INSURANCE (How to Assess and Adjust Your Loss) which can be found online at http://www.caraccidentclaims.com or http: //www.autoaccidentclaims.com.
This book explains, in simple language, “How” to handle your car property damage and/or personal injury claim. It also has BASE (Baldyga Auto Accident Settlement Assessment Formula). The BASIC FORM will explain how to determine the value of the “Pain and Suffering” you have endured – as a result of your car accident injuries!
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