Personal Injury Settlement Claims vs. Insurance Companies
- Author Mark Dacanay
- Published August 4, 2009
- Word count 517
Personal injury claim settlements are very complicated. A lot of misunderstandings and misconceptions may arise because many plaintiffs do not get legal help or their attorneys fail to communicate to their client the details of a personal injury case.
One of the misconceptions about personal injury settlement claims is that the one you are going against is the defendant when the truth is the one you should worry about is the insurance company.
The defendant will not be the one to settle for the damages, it’s the insurance company and these companies hire their own lawyers so they could pay you the least amount possible or none at all.
That is why if you are a victim of a personal injury, getting a lawyer is very important.
Insurance representatives usually try to talk to victims before they can get a lawyer so that they can settle with a small amount or get statements that can be used against you if you file your case later on.
Here are some tips in ensuring success in personal injury settlement claims against insurance companies:
• Get a lawyer – Insurance companies will try to get to a victim before they get legal counsel because that is the time where they are likely not aware of their rights. Personal injury attorneys can guide you and guard you against making moves or statements that can be used against you.
• Do not negotiate without a lawyer – An insurance representative will talk to you saying that they only want the best for you. They will talk to you like a friend and convince you that what they are offering is the best option for you. A lawyer can help you decide if an offer is fair or not.
• Do not agree to any fault without a lawyer – Even if you believe you have some fault in regards the accident, do not agree on any statements before you have consulted with a lawyer. Those statements can be used against you in the future.
• Gather evidence – Take a picture of your injury, the accident and any other things that you think may be of value to your case. Take witnesses accounts and get their contact details so that it would be easy to find them later on.
• Consult a doctor – A doctor’s report will corroborate your statements about the extent of your injury. Not going to a doctor will be used by insurance companies against your personal injury claim. They will claim that since you did not need medical attention then your injury is not as bad as you claim.
• Consult your HR – Get a report from your HR of what you earn per hour and how much time you missed because of your injuries. This can be used as evidence for the economic losses you want to claim.
Once successful, your personal injury claim settlement with insurance companies may include economic and non-economic compensation.
Economic losses refer to lost income, medical expenses and diminished earning capacity.
Non-economic losses refer to those that are related to pain and suffering such as humiliation, embarrassment, disfigurement and disability.
To pursue personal injury settlement claim for vehicle accident case, get help from our skilled personal injury lawyers. Visit our website and avail of our free case analysis.
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