The Complete Guide to Personal Injury Claims and Settlements

Learn to navigate the personal injury claim process successfully, regardless of your injury. Get the guidance you need to win fair compensation.

The most common personal injuries result from car accidents and slip and falls, but many people are injured by dangerous dogs, faulty work equipment, defective products, and other forms of negligence. Our writers provide information to help you handle any type of personal injury claim.

• The Claim Guide walks you step-by-step through the personal injury claims process, giving useful insider tips and “how-to” information to help with your claim.
• Case Types go in-depth on all the main categories of personal injury claims, and specific information for each type of case.

Auto Accidents

Premises Liability

Work Injuries

Dog Attacks

• General Dog Attacks
• Dangerous Dog Laws
• Attacks on Young Children
• Non-Aggressive Dog Injuries
• Dogs Attacking Other Dogs

Product Liability

Medical Malpractice

Other Case Types

Do You Need a Lawyer?

• Handle the claim yourself or hire an attorney?
• Do you file a claim or lawsuit?
• How hiring an injury attorney will impact your claim
• Choosing the best injury attorney
• Contingency fee agreements and attorney compensation
• Negotiating attorney fees
• Tracking your lawyer’s time and progress

Going to Court

• Ins and outs of civil litigation for injury cases
• What’s the burden of proof in civil court cases?
• Appeals court and personal injury cases
• All about class action lawsuits

What to Do After an Injury

• What to do in the first few days
• Steps to take after an accident
• Avoid these negotiating mistakes
• What you need to put in writing
• How to take car accident photos
• Important tips for evidence collection
• How police accident reports impact your claim
• Using witness statements to help your case
• Beware of recorded statements
• How to organize your paperwork
• What to do after a bicycle accident
• Drunk driving accidents

What’s Your Injury Worth?

• Beginner’s guide to calculating personal injury compensation
• What can you claim for compensation?
• How to calculate your pain and suffering settlement
• Increase your award by thinking like an adjuster
• Settlement amounts with different injuries
• How compensation increases with permanent injuries
• Reimbursement for emotional distress
• Claiming lost income in your settlement demand
• Factors that can decrease settlement payouts
• Property damage claims and personal injuries
• How to file a property damage claim after an accident

After Receiving Payment

• Liens on your settlement
• Negotiating medical liens
• Paying taxes on your settlement proceeds
• Getting a loan on your injury lawsuit

Who Should Pay?

• Definition of negligence and other rules of liability
• Using the elements of negligence to build your claim
• What’s the legal burden of proof for claims and lawsuits?
• Basic rules of liability
• Everything you need to know about proximate cause
• Intro to filing claims against the government
• How prior injuries affect new claims
• Filing a claim with your own insurance
• 5 ways to prevent fake injury claims

Types of Insurance and Liability Laws

• Types of liability insurance in personal injury claims
• No-fault Insurance
• Pure Contributory Fault
• Pure Comparative Fault
• 50% Modified Comparative Fault
• 51% Modified Comparative Fault

Liability in Different Scenarios

• Liability in auto collisions
• Liability in multi-car accidents
• Using traffic violations to help your claim
• Predetermined fault
• Liability in bike accident claims
• Bicycle laws and cyclist responsibilities
• How bike helmet law affects liability
• Liability in slip and fall claims
• Duties of property owners and visitors
• When are property owners liable?
• Building code violations
• Do you have a valid medical malpractice case?
• Parental liability in accidents involving children
• Proving liability for dog attacks
• How to establish a product liability case

How to Get Your Payment

• Introduction to the negotiation process
• Basics of preparing and negotiating claims
• Basic steps on the way to settlement
• Dealing with insurance adjusters
• Negotiation styles of claims adjusters
• Negotiate with patience and persistence
• Recognize bad faith negotiating tactics
• Medical records and confidentiality laws
• Negotiating tactics and medical terms
• Common reasons your claim may be denied
• Getting a nuisance value payout if your claim is denied
• Rejecting the adjuster’s settlement offer
• Accepting the settlement and signing the release
• How to handle delays receiving your check
• Statute of limitations laws

Small Claims Court and Other Options

• Options when negotiations fail
• Basic steps to filing a small claims lawsuit
• Should you file suit in small claims court?
• How to file a small claims lawsuit
• Preparing your small claims case
• How to present your case in court
• Using arbitration to resolve personal injury disputes
• How does arbitration work?
• What to expect at an arbitration hearing

Car Accident Claim Negotiations

• Part 1: Hard Costs
• Part 2: Pain and Suffering
• Part 3: Sample Dialogue
• 5 Steps to negotiating a car injury claim

Slip and Fall Claim Negotiations

• Part 1: Costs
• Part 2: Mental Anguish
• Sample Dialogue with Adjuster

Product Liability Claim Negotiations

• Negotiating Tips Part 1
• Negotiating Tips Part 2

Dog Attack Claim Negotiations

• Negotiating “Hard Costs”
• Negotiating Pain and Suffering
• Negotiation Example

Medical Malpractice Negotiation Example