If you don’t have experience negotiating personal injury settlements, the process may seem daunting.
Don’t let this stop you. People handle their own injury claims every day.
If your injuries are minor, your damages are well documented, and liability is clear, handling your own claim is very doable.
While the law is a huge field requiring years of study to master, only a small portion of the law will apply directly to your case. Before delving into the specific aspects of injury claims, you should get a handle on the basic rules at play. The following articles will give you a strong foundation.
Personal Injury Settlement Basics
Knowing what constitutes negligence, and the legal terms used in claims processing is essential. Not only will the insurance adjuster have more respect for you, but you’ll be able to build a stronger claim.
Establishing liability is the key to personal injury claims. It’s important to understand exactly what being liable means, since it directly affects the amount of your settlement.
Winning a car injury claim requires that you establish 5 legal elements, including duty of care, negligence, and liability. Understanding these elements is essential to gaining the upper hand in settlement negotiations.
Proximate cause is an important part of personal injury claims. You must prove it to get compensation. There are also times when more than one person is responsible for an accident. Learn all about it in this section.
A good personal injury calculator doesn’t exist. Computer programs simply can’t understand the depth of a victim’s pain and suffering. Here we show you how to calculate injury compensation the way claims adjusters and attorneys do.
It’s sometimes necessary to file a first-party claim with your own auto insurance company, such as in no-fault states. Be aware of potential conflicts of interest and learn how to manage your case for a fair settlement.
Knowing the different types of insurance coverage is very important when pursuing a personal injury claim. The majority of all injury cases result from auto accidents, but many other types of liability insurance cover accidental injuries.
Who is the insurance adjuster and what does she do? You’ll be corresponding with the adjuster throughout your claim, and she will probably be awarding your settlement, so it pays to understand how to deal with her effectively.
Your demand letter effectively begins negotiations with the insurance company. The better your demand letter, the better your chances of getting a good settlement.
- Here’s a Demand Letter Example you can use as a guide for your own correspondence with the claims adjuster.
In addition to your personal injury claim, you might also need to make a separate property damage claim. This includes compensation for damage to your car, and damage to personal property inside your car at the time of the accident.
Not all injury claims are handled the same way. Claims against federal, state, and local governments follow different rules than private insurance claims. There are also strict filing deadlines which, if missed, can render a claim null and void.
There are some unscrupulous people who try to make money by faking or exaggerating injuries. If you believe someone is filing a fraudulent injury claim against you, there are steps you can take to protect yourself.
A prior injury will almost certainly have an effect on your new injury claim. The insurance adjuster may lessen or deny your claim if pre-existing injuries are closely related to your current injuries. Your doctor’s narrative can help avoid getting your new claim denied.
Good preparation is the cornerstone of claim negotiations. The more prepared you are, the more respect you’ll get from the adjuster, and the better your chance of getting a high personal injury settlement.
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