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Personal Injury Settlement Considerations (Part One)


Personal Injury Settlement Considerations (Part One)

  By Dan Baldyga
About Dan Baldyga
  Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation.
More about Dan  

You've had a motor vehicle accident and you were injured. Enough time has passed so you're about to position yourself to attempt to settle with WeHateToPay, the company who insures Fred Fuddle, the chowderhead who smashed into you.

When evaluating a personal injury claim, there are several key elements to be addressed. Here, in PART ONE of "Personal Injury Settlement Considerations", we will review:

LIABILITY: In the vast majority of motor vehicle accidents in the United States statistics prove that fault can easily be determined. Assuming that Fred struck you a mighty blow in the rear end (rear-enders make up well over half of the motor vehicle accidents that take place each year) yours is a case that must be settled. (In 83% of the accident's it's clear who was at fault.)

Usually the very doubtful liability case has little settlement value, if any. If that's the situation you should obtain the services of a Legal Beagle, entering into an agreement that he will charge you his usual "contingency fee" (but certainly not any out-of-pocket dollars from you personally) should he be successful in getting you something from WeHateToPay.

TYPE OF INJURY: if there are severe injuries (which only make up about ten to fifteen percent of all motor vehicle accidents) you should obtain the services of a lawyer. If you've had minor to moderate injuries like whiplash, bumps, bruises, sprains and strains you can and should always handle and settle the claim yourself.

TYPE OF PERSON YOU ARE: Rate yourself and be brutally honest. You're most likely an average person, living a normal life. But if you have a criminal record, or if you have a history of character defects that often get you into trouble - - and this is well-known in the community where you live - - you're going to have to take those facts into consideration when forming your expectations about settlement outcome.

THE TYPE OF PERSON FRED FUDDLE IS: The better Fuddle looks, or the better the "entity" (Fuddle's business or company, etc.) appears, the better for WeHateToPay. But if Fuddle is a known bookie or drug dealer, WeHateToPay is in deep trouble. On the other hand, if Fuddle is a well loved philanthropist that can be a plus for WeHateToPay. Or if the "entity" that struck you was a van driven by Pastor Fuddle, and the named insured is The Fuddle Camp For Lost Souls, that can be very good for WeHateToPay as well.

However, if the "entity" that hit you was a dilapidated junk pile on wheels operated by Fuddle, the named insured being Fuddle Rotted Cow Manure Corporation, that will not be favorable for WeHateToPay.

DAMAGES: There are "Medical Special Damage" expenses, "Non-Medical Special Damage" expenses and, "Property Damage" expenses.

MEDICAL SPECIAL DAMAGE EXPENSES: These typically include cost of Ambulance, Emergency Room Care, Hospital or Clinic charges, Doctor, Chiropractor, Specialist and/or Dentist, Over-The-Counter Drugs and/or Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus (Canes and crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Ace Bandages Gauze and Tape, Heating Pads, Creams, Lotions, Balms and Salves.

When it comes to listing your Medical Special Damage "expenses" don't overlook one single dollar because, when it comes time to settle your claim your dollar can increase the value of your payment for your "pain and suffering by four or even five dollar's! (Yes, that means that a $10.00 bill is worth $30.00 to $50.00 more, in your pocket, from WeHateToPay at settlement time.)

Next month we'll go into detail about Non-Medical Special Damages (especially, in great detail, "lost wages", which should and will be fully explained), plus Property Damage Expenses and Evaluating Your Age.

~~~~~

You've had a motor vehicle accident and you were injured. Enough time has passed so you're about to position yourself to attempt to settle with WeHateToPay, the company who insures Fred Fuddle, the chowderhead who smashed into you.

When evaluating a personal injury claim, there are several key elements to be addressed. Here, in PART ONE of "Personal Injury Settlement Considerations", we will review:

LIABILITY: In the vast majority of motor vehicle accidents in the United States statistics prove that fault can easily be determined. Assuming that Fred struck you a mighty blow in the rear end (rear-enders make up well over half of the motor vehicle accidents that take place each year) yours is a case that must be settled. (In 83% of the accident's it's clear who was at fault.)

Usually the very doubtful liability case has little settlement value, if any. If that's the situation you should obtain the services of a Legal Beagle, entering into an agreement that he will charge you his usual "contingency fee" (but certainly not any out-of-pocket dollars from you personally) should he be successful in getting you something from WeHateToPay.

TYPE OF INJURY: if there are severe injuries (which only make up about ten to fifteen percent of all motor vehicle accidents) you should obtain the services of a lawyer. If you've had minor to moderate injuries like whiplash, bumps, bruises, sprains and strains you can and should always handle and settle the claim yourself.

TYPE OF PERSON YOU ARE: Rate yourself and be brutally honest. You're most likely an average person, living a normal life. But if you have a criminal record, or if you have a history of character defects that often get you into trouble - - and this is well-known in the community where you live - - you're going to have to take those facts into consideration when forming your expectations about settlement outcome.

THE TYPE OF PERSON FRED FUDDLE IS: The better Fuddle looks, or the better the "entity" (Fuddle's business or company, etc.) appears, the better for WeHateToPay. But if Fuddle is a known bookie or drug dealer, WeHateToPay is in deep trouble. On the other hand, if Fuddle is a well loved philanthropist that can be a plus for WeHateToPay. Or if the "entity" that struck you was a van driven by Pastor Fuddle, and the named insured is The Fuddle Camp For Lost Souls, that can be very good for WeHateToPay as well.

However, if the "entity" that hit you was a dilapidated junk pile on wheels operated by Fuddle, the named insured being Fuddle Rotted Cow Manure Corporation, that will not be favorable for WeHateToPay.

DAMAGES: There are "Medical Special Damage" expenses, "Non-Medical Special Damage" expenses and, "Property Damage" expenses.

MEDICAL SPECIAL DAMAGE EXPENSES: These typically include cost of Ambulance, Emergency Room Care, Hospital or Clinic charges, Doctor, Chiropractor, Specialist and/or Dentist, Over-The-Counter Drugs and/or Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus (Canes and crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Ace Bandages Gauze and Tape, Heating Pads, Creams, Lotions, Balms and Salves.

When it comes to listing your Medical Special Damage "expenses" don't overlook one single dollar because, when it comes time to settle your claim your dollar can increase the value of your payment for your "pain and suffering by four or even five dollar's! (Yes, that means that a $10.00 bill is worth $30.00 to $50.00 more, in your pocket, from WeHateToPay at settlement time.)

Next month we'll go into detail about Non-Medical Special Damages (especially, in great detail, "lost wages", which should and will be fully explained), plus Property Damage Expenses and Evaluating Your Age.

~~~~~

DISCLAIMER: The only purpose of this claim tip is to help people understand the motor vehicle accident claim process. Neither Dan Baldyga or Vince Ciulla 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. Where such professional help is desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.

Copyright (c) 2005 by Daniel G. Baldyga All Rights Reserved

Dan Baldyga's fourth and latest book Auto Accident Personal Injury Insuraece Claim: (How To Evaluate And Settle Your Loss) can be found on the Internet at http://www.autoaccidentclaims.com. This book reveals "How To" successfully handle your motor vehicle accident claim, so you won't be taken advantage of. It also goes into detail regarding the revolutionary BASE (The Baldyga Auto Accident Settlement Evaluation Formula). BASE explains how to determine the value of the "Pain and Suffering" you endured because of your personal injury.

Additional Information provided courtesy of
ALLDATAdiy.com and Warranty Direct
© 2000-2007 Vincent T. Ciulla

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