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Your Medical Doctor or Chiropractor has released you from treatment for your motor vehicle accident and enough time has passed so youre 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 individual who plowed into your rear end, smashing you with a tremendous crash which was responsible for your injuries plus the Pain and Suffering youve had to endure.

To be adequately compensated for what youve gone through you must have accumulated whats identified in the world of insurance claims as Special Damages. Those are your Medical 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:

LIABILITY: In the vast majority of motor vehicle accidents its clear who was at fault. Assuming that Fuddle struck you a mighty 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 accidents that took place in 2003 its clear who was at fault) !

The very doubtful liability case has little, if any, settlement value. If thats the situation you should obtain the services of the local Legal Beagle who does a good job at that, Attorney I.M. Greedy. But, if you do, be very careful when you sign Greedys Contingency Fee Agreement. Read it closely. Dont sign anything that will let him charge you one penny, other than his normal 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 hes successful at busting loose some bucks from Rock Solid) is his fee and that should be no more than the usual locally published accepted percentage 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 obtain the services of a lawyer. But, if youve had minor injuries like whiplash, bumps, bruises, sprains and/or strains (and it's clear you're not at fault) you can handle and settle the claim yourself.

TYPE OF PERSON YOU ARE: Rate yourself and be brutally honest. Youre most likely an average motor vehicle owner/driver, living a normal life. But, if youve 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 regarding what your case is worth.

THE TYPE OF PERSON FRED FUDDLE IS: The better Fred Fuddle looks, or the better the "entity" (Fuddles business or company, etc.) appears, the better for Rock Solid. But, if Fuddle is a known bookie or drug dealer, theyre 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 favorable for Rock Solid.

DAMAGES: There are Medical Special Damage Expenses, Non-Medical Special Damages Expenses, and/or your Property Damage Expenses.

MEDICAL SPECIAL DAMAGE EXPENSES: These typically include Cost of Ambulance, Emergency Room, Hospital and/or Clinic Charges, Chiropractor, and/or Dentist, Over-The-Counter Drugs and/or Prescription Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus, (Cranes & Crutches), Physical 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 Medical Special Damage expenses dont overlook one single dollar because, when it comes time to settle your claim, that dollar can increase the value of your payment for Pain and Suffering by a multiplier of four or even five! (Yes, that means a $20.00 bill can be worth $80.00 to $100.00 more ,in your pocket, from Rock Solid Insurance, at settlement time).

NON-MEDICAL SPECIAL DAMAGES: These typically include Lost Wages and Earnings, Lost Vacation time and/or Sick Leave, Travel Expenses (car rentals, public transportation, expenses incurred getting to and from your Chiropractor and/or hospital and/or physical therapy treatment of some sort) Household Help during disability and/or Child Care. Be sure to obtain written proof of such "Non Medical" Special Damages.

LOST WAGES: The income you lost, because you were unable to work, is an area where adjusters take terrible advantage of the typical claimant because they know so little about it.

Commissions and overtime can make a huge difference in your lost earnings. Be sure to get a letter from your employer, on their official letterhead, explaining that in detail. Or, if youre 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 youre entitled to compensation 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 insurance coverage, or by taking sick leave, or some similar arrangement.

Even if youre salaried you should obtain a "Lost Earnings", or "Time Lost Verification", in writing on your employers letterhead.

IF YOURE SELF-EMPLOYED: To prove your lost earnings youll probably have to assemble some inside information for Hard-Nose. If you dont like the idea of submitting private documents to him, in the privacy of your home or office, just think how youd 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 collect adequate compensation, thats your only alternative.

TWO CRITICAL AREAS REGARDING 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 answer to either question is Yes, it would be wise to ask your employer to document these facts on their letterhead.

ITS CRUCIAL FOR YOU TO KNOW: Even if youve been paid while out of work, you can still compute your time lost from work as Lost Wages .

PROPERTY DAMAGE EXPENSES: These typically include 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 property damage expenses. Keep the originals. Be sure to have these in your possession when you and Hard-Nose plunk yourselves down to "Talk Turkey". Photocopies are sufficient to give him.

YOUR AGE: Because of their obvious innocence, insurance claim accident victims, up to the age of 12, generally have excellent settlement results. Those in their teens, and into their late 50s, fall into a fairly normal category because theyre generally considered to be at the height of their physical stamina. Those in their late 60s, and over, usually fare extremely well; primarily due to the sympathy thats often invoked, from a judge or jury, because of general attitudes regarding frailty and the elderly.

MOST IMPORTANT TO REMEMBER:The information Hard-Nose places into your file plays a major role in the ultimate value of your claim. Never underestimate the importance 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 possible witnesses, etc., (in addition to the information youve documented for him) could have massive influence on the value of your claim - - especially if Fuddle is a loser and hes absolutely in the wrong. At that point the only thing stalling a settlement is the amount of money its 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 positive 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 bottom 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 Rights Reserved

DISCLAIMER: The purpose of this "How To" Insurance Claim Article "PLACING A VALUE ON YOUR PERSONAL INJURY CLAIM" is to help people understand the motor vehicle accident claim process. Dan Baldyga does not make any guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Wherever such professional help is desired it is the INDIVIDUALS RESPONSIBILITY to obtain said services.

Dan Badlyga has had 3 "How To" Insurance Claim books published, the last being AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) which can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com.

This book explains, in simple language, "How To" handle your motor vehicle property damage and/or personal injury claim. It also contains BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA will explain how to determine the value of the "Pain and Suffering" you endured - - because of your motor vehicle accident injury!

Dan Baldyga spent over 3 decades within the area of Insurance Claims, as an Adjuster, Supervisor and then Manager. He was then promoted to Trial Assistant where he worked another 5 years on thousands of Insurance Claim case.

eMail: dbpaw@comcast.net
AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM
(How To Evaluate And Settle Your Loss) - http://www.autoaccidentclaims.com

I don't know about you, but me I'm getting sick of receiving so many calls from telesales people asking me if I have per chance an injury claim. Then I see them on the streets, two or three of them walking about in "stalking mode", well dressed and with tons of gel in their hair and holding "professional suitcases". These guys freak me out!

And what is their purpose anyway? Do they want to sell insurance, energy, firewood or what? Or are they just representing another obscure company and they scour the area to "give some tips" on how should they claim injury for an accident that wasn't their fault?

Personal injury claims in the past

Ten years ago there was no such thing you knowIf you were unfortunate enough to have an accident the only compensation which you received was a moral one, and it only came from your family and friends. "Listen to what the doctor said" or "Don't worry, you'll get better soon". And if you had to stay in the hospital you heard "Take two of these and I'll see you in the morning." You didn't get much, really.

Nowadays

Now we are bombarded with so many companies that deal with this kind of thing that we don't know where to choose from. Everybody knows a "good firm". And since advertisements are everywhere, it's hard not to know about such companies. The competition is tough, but many promise a lot and then don't deliver. So you see, the difference between now and then is colossal, some years ago nobody was interested if you had an injury, but now they are all your best pals.

If you choose a random firm and make your plea, it's possible you will later find yourself surrounded by countless problems, like: "Sorry but we don't seem to have the essential files we asked for. Did you really send them to us?", "Who did you speak with again? I don't know if he still works with us", "Your medical report hasn't arrived yet" or many other things that can be used as an excuse.

Complications after complications...

What about the classic 'no win no fee'? That slogan was very common in the beginning. "If you don't win then you don't owe us one dime?" Just sign those documents and your personal injury claim is all set, don't worry about it. Wonderful!

Now after months have gone by, you hear nothing. 3 months later, you call to hear what status your claim has reached. 'Your file's up and running and you should be attending a medical specialist soon.'

6 months go by finally your medical arrives. 4 months later you receive a cheque of 400 and eyes the size of golf balls?! What the hell is going on???

Frustrated with the settlement cheque, you ring the company for questioning. They pull out your file and take you through the charges and how they reached a final settlement. 'But, you... 'Yes, it's all in black and white and you signed it!' But guess what, you're too late, and now you'll learn from that mistake...

Now For The New Trick

100% Compensation! Yes, you get all of your compensation. Amazing, finally a dream come true...

What does it mean?

Once your claim is settled, you will receive the 'full' compensation money, without deductions. Now this is the clever bit... the specialist will payout 100% Compensation, but that does not mean the claim management company will not!

At the end of the claim, the management company (owned by your mates friend) will charge you a kick back after you have received your 100% Compensation. Effectively, you receive 100% Compensation, but once you received it, the claim management company will now take out their fees. Smart eh???

You still, by law, got 100% Compensation from the specialist. Which is what they claimed, however, the deductions kick in afterwards.

You've taken enough beating as it is. It's time to be smart! Beware of the 100% Compensation slogans flying around. How do you avoid them?

Ask!

Find out all about your injury claim now! Discover more on easy tricks and tips to help you make a personal injury claim.