No.1 Article of Personal Injury Liability
Sponser LinksYour healing physician or Chiropractor has released you from rehabilitation for your motor vehicle accident and sufficient time has passed so you're 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 personel who plowed into your rear end, smashing you with a mountainous 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:
Personal Injury Liability
Liability: In the vast majority of motor vehicle accidents it's clear who was at fault. Assuming that Fuddle struck you a noteworthy 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 secure the services of the local Legal Beagle who does a good job at that, Attorney I.M. Greedy. But, if you do, be very meticulous when you sign Greedy's "Contingency Fee Agreement". Read it closely. Don't sign whatever that will let him charge 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 standard ration 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 secure 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 handle and conclude the claim yourself.
Type Of person 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 consideration when forming expectations concerning what your case is worth.
The Type Of person Fred Fuddle Is: The better Fred Fuddle looks, or the better the "entity" "(Fuddle's company or company, etc.) appears, the better 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 consist of Cost of Ambulance, accident 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), 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 healing extra Damage "expenses" don't overlook one singular dollar because, when it comes time to conclude your claim, that dollar can increase 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 consist of Lost Wages and Earnings, Lost Vacation time and/or Sick Leave, travel Expenses (car rentals, group transportation, expenses incurred getting to and from your Chiropractor and/or hospital and/or corporal therapy "treatment" of some sort) Household Help during disability and/or Child Care. Be sure to secure written proof of such "Non Medical" extra Damages.
Lost Wages: The earnings you lost, because you were unable to work, is an area where adjusters take terrible advantage of the typical claimant because they know so wee about it.
Commissions and overtime can make a huge variation 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 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 salary is paid by your company guarnatee coverage, or by taking sick leave, or some similar arrangement.
Even if you're salaried you should secure 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'll probably have to assemble some inside information for Hard-Nose. If you don't like the idea 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. When a case goes to trial, and if you want to prove your damages so as to secure sufficient compensation, that's your only alternative.
Two valuable Areas concerning 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 rejoinder to either examine is "Yes", it would be wise to ask your employer 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 consist of 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 asset damage expenses. Keep the originals. Be sure to have these in your proprietary when you and Hard-Nose plunk yourselves down to "Talk Turkey". Photocopies are sufficient to give him.
Your Age: Because of their inevitable innocence, guarnatee claim accident victims, up to the age of 12, generally have excellent village results. Those in their teens, and into their late 50's, fall into a fairly general category because they're generally thought about to be at the height of their corporal stamina. Those in their late 60's, and over, normally fare highly well; primarily due to the condolence that's often invoked, from a judge or jury, because of general attitudes concerning frailty and the elderly.
Most important To Remember:The information Hard-Nose places into your file plays a major role in the greatest 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 potential witnesses, etc., (in expanding to the information you've documented for him) could have massive work on on the value of your claim - - especially if Fuddle is a loser and he's no ifs ands or buts in the wrong. At that point the only thing stalling a village is the amount 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 inevitable 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 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 proprietary Reserved
Disclaimer: The purpose of this "How To" guarnatee Claim narrative "Placing A Value On Your Personal Injury Claim" is to help population understand the motor vehicle accident claim process. Dan Baldyga does not make any certify of any kind whatsoever, Nor do they purport to engage in rendering any professional or legal service, Nor to substitute for a lawyer, an guarnatee adjuster, or claims consultant, or the like. Wherever such professional help is desired it is the Individual'S responsibility to secure said services.
Dan Badlyga has had 3 "How To" guarnatee Claim books published, the last being Auto accident Personal Injury guarnatee Claim (How To rate And conclude 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" handle your motor vehicle asset damage and/or personal injury claim. It also contains Base (The Baldyga Auto accident village appraisal Formula). The Base formula will explain how to conclude the value of the "Pain and Suffering" you endured - - because of your motor vehicle accident injury!
Placing A Value On Your Personal Injury Claim
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