19 Secrets To Getting A Fair
Settlement For Your Injuries
SECRET #1: Do not talk to anyone ... except your doctor or attorney. You should always require identification so you know who is talking with you. Do not even talk with your own insurance company or to any attorneys hired by your insurance company without notifying your attorney so that he or she may be present if necessary.SECRET #2: See your doctors. You should return to each of your doctors as often as necessary and you should always tell them about all your complaints. You should never minimize your ailments when talking with your doctors. Make sure you tell your doctor about each and every problem. This is important to your treatment. If you see any other doctors, make sure that you tell both your other doctor and your attorney immediately.
SECRET #3: Conduct a complete investigation. Make sure you collect witness statements, police reports, medical reports and anything else related to the accident. You may need to hire private investigators and accident reconstruction experts. They can gather added physical evidence, such as pieces of the automobile. The other party's insurance company will collect all sorts of information, which may be used against you. You'll be at a serious disadvantage if you don't conduct a thorough investigation to help support your claim.
SECRET #4: Get photographs of all the important elements in your case: These include your car and the car that hit you, the accident scene, your injuries, and so forth. Photos are vivid evidence of what you experienced. As they say, a picture is worth a thousand words. Juries find photos to be powerful proof of your injuries. So make sure either you or your attorney gets plenty of photographs. Send your attorney the negatives and prints of any photos taken by you or anyone else that pertain to your case. If you are unable to take photos, an investigator from your attorney's office should also be available to do this for you.
SECRET #5: Don't have your car repaired until your attorney has obtained photos of the vehicle's damage. If the other driver was clearly at fault and you have collision coverage under your own policy, you have two alternatives: Either your attorney may insist that the other driver's insurance company repairs the automobile - or you may submit the claim to your insurance company. Always consult your attorney to determine which choice he or she recommends.
SECRET #6: Don't release your medical records to the other party's insurance company. Many accident victims make the mistake of signing a release for the other party's insurance company. This gives your opponent access to your medical records. YOUR insurance company is entitled to your medical information. But the other party's insurance company should NOT have this information because it may use the information against you. Don't release your medical records to the other party's insurance company.
SECRET #7: Never plead guilty to any traffic offense before you consult with your attorney. Ask your attorney to evaluate your traffic matter before the time and date set for the hearing. Pleading guilty to a traffic offense can effect your injury claim.
SECRET #8: Get the insurance company to set up a high reserve account. After an accident, the insurance company establishes a reserve account to cover all the costs they expect to pay for your claim. The amount of money put on reserve is based on whatever facts the insurance company has soon after the accident occurs. If the reserve set aside for your injuries is greater than your damages, you shouldn't have much trouble collecting for your injuries. But if the reserve is too small, you'll need to get the reserve increased. Rather than increase the reserve, the insurance company will first put pressure on the adjuster to settle your claim. And, naturally, he'll put more pressure on you.
SECRET #9: Keep the adjuster informed about the seriousness of your injuries. If the adjuster sets up a small reserve account, he will be surprised if you ask for much higher damages in the weeks or months ahead. If your injuries have grown worse - or if other problems have arisen - make sure you keep the adjuster informed so he can increase the reserve account as your case progresses. Then, when the time comes to settle your claim, the adjuster will have the amount of money he needs to pay you for your injuries. If his account is too small and he needs to increase it, he'll look bad to his supervisor. This will work against you. Keep the adjuster informed as your case progresses.
SECRET #10: Don't let the insurance adjuster pressure you into settling your case. Adjusters use all kinds of methods to get you to settle for a smaller amount than the fair value of your case: The insurance adjuster may try to get you to admit that the accident was your fault, or at least partly your fault. The adjuster may also try to get you to give a recorded statement or sign a statement, either of which may be used against you later at trial.
What's more, don't be surprised if the insurance adjuster is polite. His kindness may be a tactic to get you to settle for less than your case is worth - and to get you to settle soon, often BEFORE you hire an attorney. The longer your file remains open, the more heat the insurance company puts on the adjuster to resolve your claim. Don't give in to the adjuster's pressure or kindness. Instead, hold out for every penny you rightfully deserve.
Your lawyer can help you evaluate whether the insurance company's offers are reasonable or unreasonable. Also, your attorney can file a lawsuit on your behalf.
SECRET #11: Keep a day-by-day diary of your injuries. If your case goes to trial, you need to be able to tell the jury how many days, weeks or months you were in pain, how long you suffered from headaches, how long you experienced muscle spasms - and so forth. Unless you keep a daily log, your answers may be vague and inaccurate. Don't risk hurting your credibility. Keep a detailed diary so you can back up your claims for damages. And always take this record with you to all medical appointments and to meetings with your attorney.
SECRET #12: Know all your damages. They include (1) cost of medical treatment, (2) pain and suffering for your injuries, (3) loss of income for time off work, (4) loss of consortium, (5) loss of business, (6) cost of a rental car, (7) cost of fixing your car, (8) cost of hiring an in-home nurse, (9) cost for psychological counseling caused by stress or some other aspect of the accident, (10) cost of hiring a taxi service to and from your doctor's office - and ANY OTHER money you paid out or lost as a result of your injury. Keep an accurate record of all expenses and hours or days lost from work due to your injuries. Your attorney will obtain written documentation from your employer to verify the lost earnings.
SECRET #13: Keep all bills and receipts related to your accident. If you don't save your bills and receipts, you may not be able to prove the amount of your damages. Be sure to save everything: doctor bills, hospital bills, pharmacy bills and all other bills you incurred because of your accident. Immediately give all bills to your attorney, so that he or she may deal directly with the medical providers on your behalf. Make sure you pay all of your bills by check. Your attorney will also help you process payments through your own health insurance or under the medical payment provisions of your auto insurance policy.
SECRET #14: Know all your injuries. Many victims feel that if it doesn't hurt, it isn't injured. Yet injuries caused by accidents may not develop for days - even weeks. Don't be too quick to rule out injuries just because they haven't yet appeared. Also, accidents can cause the injured victim to suffer from Post Traumatic Stress Disorder (PTSD). This means the victim becomes less able to cope with stresses in his or her life. Depending on how well you cope with stress, you may want to be evaluated for this problem in addition to your physical injuries.
SECRET #15: Know your sources for insurance coverage. In many cases an injured victim can legally collect from two or three different insurance policies at the same time. Yet many accident victims don't know where to look for various insurance coverages. If you're interested, call our office and we'll tell you how to determine whether you can collect from more than one policy.
SECRET #16: Stay under your doctor's care until your doctor releases you. Many people stop going to their doctor when they feel better, before the doctor releases them from treatment. Make sure you continue going to the doctor until your doctor releases you! Your doctor knows the complications that could result from your injury. And the other party's insurance company will in the end, pay the cost of going to the doctor if your case is settled. If you can't afford the continuing cost of treatment, you're invited to call our office to discuss your options.
SECRET #17: File your lawsuit right away. After your doctor releases you from treatment, prepare your case quickly and file your lawsuit. Insurance companies are not in a hurry to settle cases (1) unless they can settle the suit for far less than it is worth, or (2) unless they feel the pressure of the approaching court date. Insurance companies usually get serious about settling if they see they'll have to start paying lawyers to defend your case. So file your lawsuit right away and put pressure on the insurance company.
SECRET #18: Ask a qualified trial lawyer to evaluate your case. You probably had a doctor evaluate your injuries. So doesn't it make sense to have a lawyer evaluate your legal claim? The insurance company wants you to settle quickly in hopes that you'll settle for far less than your case is really worth. An experienced personal injury trial attorney can help you by reviewing your file. He will look at the police report, doctors' statements, medical bills, time lost from work and other vital information. Then he can give you an informed opinion about the estimated value of your case. If you'd like your case evaluated - without cost or obligation - don't hesitate to call.
SECRET #19: If you decide to hire a lawyer, choose a trial attorney who isn't afraid to go to court. Insurance companies keep tabs on lawyers. They know which lawyers will take them to court - the fighters. And they know which lawyers will not go to court - the settlers. The fighters usually get more money for their clients than the settlers. An experienced trial attorney can usually get you enough additional money to cover his fee and increase the amount of money you receive. While I can't say for sure that you need a lawyer, I urge you to at least talk with an accident lawyer to make sure you're not settling for less than you deserve.