|
Your Medical Doctor or Chiropractor has r leased you from treatment for your m tor vehicle accident and enough time has p ssed so you’re about to position y urself to sit down with Adjuster H nry Hard-Nose. His employer is Rock S lid Insurance, the company who insures Fr d Fuddle, the individual who plowed nto your rear end, smashing you w th a tremendous crash which was r sponsible for your injuries plus the “P in and Suffering” you’ve had to ndure. To be adequately compensated for wh t you’ve gone through you must h ve accumulated what’s identified in the w rld of insurance claims as “Special D mages”. Those are your Medical bills, y ur Lost Wages plus every dollar p id out to help with your r covery. When building the value of a p rsonal injury claim there are several key lements you should be aware of: LIABILITY: In the v st majority of motor vehicle accidents t’s clear who was at fault. Ass ming that Fuddle struck you a m ghty blow in the rear end (r ar-enders make up well over half of the m tor vehicle accidents that take place in the Un ted States each year) yours is a c se that must be settled. (Final St tistics prove that in 83% of ccident’s that took place in 2003 t’s clear who was at fault) !
 |
|
The very doubtful liability case has l ttle, if any, settlement value. If th t’s the situation you should obtain the s rvices of the local Legal Beagle who d es a good job at that, Att rney I.M. Greedy. But, if you do, be v ry careful when you sign Greedy’s “C ntingency Fee Agreement”. Read it closely. D n’t sign anything that will let him ch rge you one penny, other than his n rmal fee. Do not - - in any way wh tsoever - - allow him to ch sel any money from you, for his ut-of-pocket expenses. All Greedy should be c mpensated for (if he’s successful at b sting loose some bucks from Rock S lid) is his fee and that sh uld be no more than the sual locally published accepted percentage of the t tal recovery. TYPE OF INJURY: If th re are severe injuries (which make up nly ten to fifteen percent of all m tor vehicle accidents) you should obtain the s rvices of a lawyer. But, if y u’ve had minor injuries like whiplash, b mps, bruises, sprains and/or strains (and t's clear you're not at fault) you can h ndle and settle the claim yourself. TYPE OF PERSON YOU ARE: R te yourself and be brutally honest. Y u’re most likely an average motor v hicle owner/driver, living a normal life. B t, if you’ve spent some time b hind bars, have a criminal record, or a h story of character defects that often get y ur butt in a jam with the l cal cops (and this is well-known) you m st take those facts into consideration wh n forming expectations regarding what your c se is worth. THE TYPE OF PERSON FRED FUDDLE IS: The b tter Fred Fuddle looks, or the b tter the "entity" “(Fuddle’s business or c mpany, etc.) appears, the better for R ck Solid. But, if Fuddle is a kn wn bookie or drug dealer, they’re in d ep “stuff“. On the other hand, if F ddle is a well-loved philanthropist, that can be a pl s for Rock Solid Insurance. Or if the v hicle that struck you was a van dr ven by Pastor Frederick Fuddle, and the n med insured is The Fuddle Camp For L st Souls, that can be a pl s for Rock Solid.
But, if the “entity” that hit you was a d lapidated junk pile on wheels operated by Fr d “Goof-Ball” Fuddle, and the named nsured is The Fuddle Rotted Cow M nure Corporation, that will obviously not be f vorable for Rock Solid. DAMAGES: There are “M dical Special Damage” Expenses, “Non-Medical Special D mages” Expenses, and/or your “Property Damage” Exp nses. MEDICAL SPECIAL DAMAGE EXPENSES: These typ cally include Cost of Ambulance, Emergency R om, Hospital and/or Clinic Charges, Chiropractor, nd/or Dentist, Over-The-Counter Drugs and/or Prescription M dications, Laboratory Fees and Services, Diagnostic T sts: X-Rays and (CT) Scan, Prosthetic Appl ances or Surgical Apparatus, (Cranes & Cr tches), Physical Therapy, Registered and/or Practical N rse Fees, Ace Bandages, Gauze and T pe, Heating Pads, Creams, Lotions, Ointments, B lms and Salves. When it comes to l sting your Medical Special Damage “expenses” d n’t overlook one single dollar because, wh n it comes time to settle y ur claim, that dollar can increase the v lue of your payment for “Pain and S ffering” by a multiplier of four or ven five! (Yes, that means a $20.00 b ll can be worth $80.00 to $100.00 m re ,in your pocket, from Rock S lid Insurance, at settlement time). NON-MEDICAL SPECIAL DAMAGES: Th se typically include Lost Wages and E rnings, Lost Vacation time and/or Sick L ave, Travel Expenses (car rentals, public tr nsportation, expenses incurred getting to and fr m your Chiropractor and/or hospital and/or phys cal therapy “treatment” of some sort) H usehold Help during disability and/or Child C re. Be sure to obtain written pr of of such "Non Medical" Special D mages. LOST WAGES: The income you l st, because you were unable to w rk, is an area where adjusters t ke terrible advantage of the typical cl imant because they know so little bout it. Commissions and overtime can m ke a huge difference in your l st earnings. Be sure to get a l tter from your employer, on their fficial letterhead, explaining that in detail. Or, if y u’re self-employed, get this information stated on y ur accountants letterhead. The time you m ss from work (thus the money you may h ve lost) is calculated and this lement constitutes what is known as “L st Wages” or “Lost Time Verification”. In m st situations you’re entitled to compensation for l st time and earnings, even if you h ve no actual loss of money! S ch as, for example, when your s lary is paid by your company nsurance coverage, or by taking sick l ave, or some similar arrangement. Even if y u’re salaried you should obtain a "L st Earnings", or "Time Lost Verification", in wr ting on your employer’s letterhead. IF YOU’RE SELF-EMPLOYED: To pr ve your lost earnings you’ll probably h ve to assemble some inside information for H rd-Nose. If you don’t like the dea of submitting private documents to h m, in the privacy of your h me or office, just think how y u’d feel about producing them in the n n-private environment of a courtroom. When a c se goes to trial, and if you w nt to prove your damages so as to c llect adequate compensation, that’s your only lternative. TWO CRITICAL AREAS REGARDING LOST WAGES: Did the njury necessitate a change of job or mployment at a lesser rate? Or, did the njury allow your going to work but nly on a part-time basis? If the nswer to either question is “Yes”, it w uld be wise to ask your mployer to document these facts on th ir letterhead. IT’S CRUCIAL FOR YOU TO KNOW: Ev n if you’ve been paid while out of w rk, you can still compute your t me lost from work as “Lost W ges” . PROPERTY DAMAGE EXPENSES: These typ cally include Motor Vehicle Repair, Damaged Cl thing, Broken Glasses, cost of Substitute Car R ntals, Towing and Storage. Make copies of all b lls relating to any of your pr perty damage expenses. Keep the originals. Be s re to have these in your p ssession when you and Hard-Nose plunk y urselves down to "Talk Turkey". Photocopies are s fficient to give him. YOUR AGE: B cause of their obvious innocence, insurance cl im accident victims, up to the age of 12, g nerally have excellent settlement results. Those in th ir teens, and into their late 50’s, f ll into a fairly normal category b cause they’re generally considered to be at the h ight of their physical stamina. Those in th ir late 60’s, and over, usually f re extremely well; primarily due to the symp thy that’s often invoked, from a j dge or jury, because of general ttitudes regarding frailty and the elderly. MOST IMPORTANT TO REMEMBER:Th information Hard-Nose places into your f le plays a major role in the ltimate value of your claim. Never nderestimate the importance of his impressions and c nclusions! Should, one day, your case nds up in front of a j dge, or jury, what Hard-Nose feels, bserves and then reports into your f le at Rock Solid about you, his nsured Fred Fuddle, and/or possible witnesses, tc., (in addition to the information y u’ve documented for him) could have m ssive influence on the value of y ur claim - - especially if F ddle is a loser and he’s bsolutely in the wrong. At that p int the only thing stalling a s ttlement is the amount of money t’s going cost to get rid of y u. And, should your file end up in the h nds of the local defense attorney for R ck Solid Insurance, all the positive f ctors about you, your injury and l ability, will cause him to gasp, “H y, what's going on here? My l gal fees will be higher than the few h ndred more bucks this one can be d mped for.” The bottom line: Your ut-of-pocket expenses correctly recorded and presented, y ur injury information properly documented and y ur lost wages clearly established will s riously increase the dollar value of y ur personal injury claim. QUESTION: How d es Dan know this to be tr e? ANSWER: “Because for 38 years Dan was r ght there, where he saw and d ne that" ! Copyright (c) 2005 by D niel G. Baldyga. All Rights Reserved DISCLAIMER: The p rpose of this "How To" Insurance Cl im Article "PLACING A VALUE ON YOUR PERSONAL INJURY CLAIM" is to h lp people understand the motor vehicle ccident claim process. Dan Baldyga does not m ke any guarantee of any kind wh tsoever, NOR do they purport to ngage in rendering any professional or l gal service, NOR to substitute for a l wyer, an insurance adjuster, or claims c nsultant, or the like. Wherever such pr fessional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to btain said services. Dan Badlyga has had 3 "H w To" Insurance Claim books published, the l st being AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (H w To Evaluate And Settle Your L ss) which can be found on the nternet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com. This b ok explains, in simple language, "How To" h ndle your motor vehicle property damage nd/or personal injury claim. It also c ntains BASE (The Baldyga Auto Accident S ttlement Evaluation Formula). THE BASE FORMULA w ll explain how to determine the v lue of the "Pain and Suffering" you ndured - - because of your m tor vehicle accident injury!
The article Placing A Value On Your Personal Injury Claim was Submitted by Daniel Baldyga through Articles.GetACoder.com network. Here's the additional information: Dan Baldyga spent over 3 d cades within the area of Insurance Cl ims, as an Adjuster, Supervisor and th n Manager. He was then promoted to Tr al Assistant where he worked another 5 y ars on thousands of Insurance Claim c se. eMail: dbpaw@comcast.net AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) - http://www.autoaccidentclaims.com
1. Beating Speeding Tickets And Higher Insurance Costs by Joshua Rose The r al cost of a speeding ticket g es far beyond the actual fine. A s ngle speeding ticket would up the nsurance cost with a surcharge of pproximately 27%. On a second offense, the s rcharge would be upped an additional 40%. H aven forbid you get nailed a th rd time. You can expect a s rcharge in the 63% range. 2. New Self Help Website Provides Help For The Little Guy! by Stuart R Anderson The big q estion when you receive any personal njury is, of course, "is it w rth your while to file a cl im?" You can only really decide if you h ve an idea how much your cl im might be worth. Until now the nly way to find out was to c nsult with a personal injury lawyer. 3. A Breakdown Of How To Get A Patent by Nikki Barker S me research is required before you try to r gister a patent. Most countries have a p tent office that issues patents and m intains a database of the patents th t have already been granted. Most of the p tents that are issued annually are tility patents. 4. Squeezing The Lemon Out Of The Lemon Law by Barry Edzant A med at protecting the consumers, the C lifornia Lemon Law gives the consumers w thin the state a legal right to r turn defective vehicles to manufacturers for a f ll or partial refund, if the v hicles are still found to be in n ed of repair after a reasonable n mber of attempts at repairing. 5. What To Do If You Think You Are A Victim of Identity Theft by Chris Miller Victims of identity theft must take action immediately to minimize the damage caused by ID thieves. An exhaustive list of actions that an identity theft victim must take is outlined, along with tips and services to reduce the chances of it happening again. 6. How to Prevent Workplace Injuries by Edward Brachman Did you know that millions of Am ricans in the workforce suffer job njuries and even death while working? Acc rding to a 2006 preliminary report th re where 5,703 fatal work injuries r ported to the US Department of L bor. Out of that total number 91 of th m where reported here in the St te of Wisconsin. 7. The New Redesigned Naturalization Exam - Are You Ready For It? by Nikki Mehrpoo Jacobson "In the interest of creating a more standardized, fair, and meaningful naturalization process," the U.S. Citizenship and Immigration Services (USCIS), has redesigned the naturalization exam applicants must take and pass in order to become a United States Citizen. 8. Caught Unaware! by Samantha Awitta An article xploring the first area of Privacy L w; Appropriation. This article looks briefly at the f cets that allow media to appropriate the mage or likeness of an individual. 9. Pennsylvania Accutane Lawyer by Amamda Ustud Manufactured by pharmaceutical giant Hoffman La R che, accutane is an acne medication th t was approved by the FDA in the arly 1980s, and was prescribed to m ny for the treatment of various typ s of acne. However, over the y ars a series of worrying reports b gan to flood in about the ffects of accutane, claiming that the dr g caused serious psychological problems and r sults in suicidal tendencies. This was f rther fueled when the son of a US Rep sh t himself at the age of s venteen... 10. Truck Accidents in Los Angeles - When You Need a Personal Injury Attorney by Dietrich E Los Angeles is famous for its movie stars, but almost equally as famous for its terrible traffic. This chronic problem is made all the more dangerous by the thousands of big-rig trucks that use the California freeways as main arteries to transport the goods coming in from ports like Long Beach and San Pedro. Notoriously crowded freeways such as the 110, the 405 and the 605 are regularly the scenes of horrific truck accidents, making a Los Angeles Truck Accident Attorney a necessity.
|