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Placing A Value On Your Personal Injury Claim

Your doctor or Chiropractor has released you from the treatment of your motor vehicle accident and it’s been enough time for you to settle down with a Henry Hard-Nose Adjuster. His employer is Rock Solid Insurance, the company that insures Fred Fuddle, the person who stabbed you in the back, caused you a major accident that was responsible for your injuries and the “Pain and Suffering” you had to suffer.

In order to be adequately compensated for what you have gone through, you must collect what is known in the world of insurance claims as “Special Damages”. It’s your medical bills, your lost wages and every dollar spent on your recovery. There are a few key elements you should be aware of when building the value of a personal injury claim:

LIABILITY: In most motor vehicle accidents, it is clear who was at fault. Assuming you’ve been hit by a rear-end Fuddle (rear-ends account for half of all motor vehicle accidents in the United States each year) yours is a case that needs to be resolved. (Recent statistics prove that in 83% of the accidents that occurred in 2003, it is clear who was at fault) !

A highly questionable liability case has little, if any, transaction value. If this is the case you should hire the services of a local Legal Beagle who does a good job at it, Attorney IM Greedy. But, if you do, be very careful when you sign the Greedy “No Fee Agreement”. Read it closely. Don’t sign anything that would allow him to pay you a single penny in addition to his normal fee. – Under no circumstances – make him pay you for out-of-pocket expenses. All Greedy should be compensated (if he is successful in losing some money from Rock Solid) is his due and it should not be more than the published local public acceptance percentage.

TYPE OF INJURY: If there are serious injuries (which account for only ten to fifteen percent of motor vehicle accidents) you should obtain the services of an attorney. But, if you had minor injuries like whiplash, bruises, cuts, bruises and/or sprains (and it’s clear you’re not at fault) you can handle and settle the lawsuit yourself.

YOUR TYPE OF PERSON: Assess yourself and be brutally honest. You most likely own a motor vehicle / average driver, live a normal life. But, if you’ve spent time behind bars, have a criminal record, or have a history of character flaws that often rubs your ass with the local police (and it’s known) you should take these facts into consideration. when your expectations about whether your case is worth it.

FRED FUDDLE’S PERSONALITY: The better Fred Fuddle looks, or the better the “entity” (Fuddle’s business or company, etc.) looks, the better for Rock Solid. But if Fuddle is a well-known bookseller or drug dealer. , they are in deep “stuff.” On the other hand, if Fuddle is a philanthropist, that could be a plus for Rock Solid Insurance. Or if the vehicle that hit you was a truck driven by Pastor Frederick Fuddle. was driven.and the named insurance is Camp Fuddle For Lost Souls, which can be a plus for Rock Solid.

But, if the “entity” that hit you was a dilapidated pile of garbage on wheels operated by Fred “Goof-Ball” Fuddle, and insured by the name of The Fuddle Rotted Cow Manure Corporation, it would clearly be Not good for Rock Solid.

DAMAGES: Includes “Medical Special Damages” Fees, “Non-Medical Special Damages” Fees and/or your “Special Damages” expenses.

SPECIFIC DAMAGES COSTS: These typically include Ambulance, Emergency Room, Hospital and/or Clinic Fees, Chiropractor, and/or Dentist Fees, Over-The-Counter Medications and/or Prescription Medications, Laboratory Fees and Services, Diagnostic Tests X: -X-rays and (CT) Scans, Prosthetic or Surgical Instruments, (cranes and braces), Physical Therapy, Registered and/or Practical Nursing Fees, Ace Bandages, Gauze and Tape, Heating Pads, Creams, Lotions, Ointments, Balms and Salves.

When it comes to listing your special medical injury “expenses,” don’t forget a single dollar because, when it comes time to settle your case, that dollar could equal your payment for “Pain and Suffering.” multiply by four. or five! (Yes, that means that $20.00 bill could be $80.00 to $100.00 more in your pocket, from Rock Solid Insurance, during the settlement).

SPECIAL NON-MEDICAL DAMAGES: These are generally lost wages and earnings, 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” of some kind) Domestic help during disability and/or Child care. Be sure to get written proof of “Non-Medical” specific damages.

LOST WAGE: Income you lost because you were unable to work is an area where adjusters have a terrible advantage over the typical claimant because they know so little about it.

Overtime and commissions can make a big difference in your lost earnings. Make sure you get a letter from your employer, on their official letterhead, explaining it in detail. Or, if you’re self-employed, get this information on your account letter.

The time you miss from work (thus the money you’ve lost) is counted and this component makes up what’s known as “Lost Matches” or “Lost Time Adjustments.” In most cases you are entitled to compensation for lost time and income, as long as you have not actually lost money! For example, when your salary is paid by your company insurance, or by taking sick leave, or some similar arrangement.

Even if you are salaried, you should receive a “Lost Earnings,” or “Lost Time Adjustment” in writing from your employer.

IF YOU ARE SELF-EMPLOYED: To prove your lost income, you may need to collect some insider information for Hard-Nose. If you don’t like the idea of ​​handing over private documents to him in the privacy of your home or office, just think how you would feel producing them in the non-private environment of a courtroom. When a case goes to court, and you want to prove your damages in order to collect adequate compensation, it is your only option.

TWO CRITICAL CONSIDERATIONS ABOUT LOST WAGE: Did the injured person need to change jobs or work at a lower rate? Or, did your injury allow you to go to work but only part-time? If the answer to both questions is “Yes,” it would be wise to ask your employer to document these facts on their cover letter.

IMPORTANT TO KNOW: Even when you are paid while away from work, you can count your time off work as “Lost Wages.”

PROPERTY DAMAGE COSTS: These typically include Motor Vehicle Repairs, Damaged Clothing, Broken Steps, Replacement Car Rental costs, Towing and Storage. Make copies of all bills related to your property damage charges. Keep the originals. Be sure to have these handy when you and Hard-Nose head down to “Turkish Takk.” Photocopies are enough to pay him.

YOUR AGE: Due to their apparent innocence, accident victims of insurance claims, up to the age of 12, usually have excellent settlement results. Those in their teens, and late 50s, fall into a very normal category because they are generally considered to be at their peak of physical endurance. Those in their late 60s are usually doing very well; primarily because of the sympathy often called for, from the judge or jury, because of public attitudes about frailty and the elderly.

MOST IMPORTANT TO NOTE: The Hard-Nose information included in your file plays a major role in the final value of your claim. Never underestimate the importance of its effects and results! If one day, your case ends up in front of a judge, or jury, watch what Hard-Nose feels and then rock solid in your file about you, his insured Fred Fuddle, and/or possible witnesses. , etc. reports. , (in addition to the information you have documented for him) can have a huge impact on the value of your claim – especially if Fuddle is a loser and it’s completely wrong. At that point the only thing stopping a settlement is the amount of money it costs you to get rid of.

And, should your case end up in the hands of a local defense attorney for Solid Rock Insurance, all the positive factors about you, your damages and liability, will cause him to exclaim, “Hey, what’s going on here? My fees.” legal fees would be more than a few hundred dollars more that could be thrown away.”

Bottom line: Having your out-of-pocket expenses accurately recorded and presented, your loss information properly documented and your lost wages clearly stated will greatly increase the dollar value of your personal injury claim.

QUESTION: How does Dan know this is true? ANSWER: “Because Dan was there for 38 years, where he saw and did”!

Copyright (c) 2005 by Daniel G. Baldyga. All rights reserved

DISCLAIMER: The purpose of this “How To” Claim Your Personal Injury Insurance Claim article is to help people understand the motor vehicle accident claim process. Dan Baldyga makes no warranty of any kind, NOR does it purport to render a professional or legal service, NOT a substitute for an attorney, insurance adjuster, or claims consultant, or the like. Where such professional assistance is required, it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.

Dan Badlyga has published 3 Insurance Claim “How To” books, the most recent being AUTO ACCIDENT PERSONAL INSURANCE CLAIMS (How to Assess and Fix Your Damage) which can be found online at or

This book explains, in simple language, “How” to file your motor vehicle property damage and/or personal injury claim. It also includes BASE (Baldyga Automatic Crash Seat Assessment Formula). THE BASIC FORMULA will explain how to determine the value of the “Pain and Suffering” you suffered – – due to your motor vehicle injury!

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