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Personal Injury Settlement Considerations (Part Two)

Personal Injury Settlement Considerations (Part Two)

  By Dan Baldyga
About Dan Baldyga
  Dan Baldyga has a lifetime of experience in the field of motor vehicle accidents, personal injury and compensation.
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In the last edition of The Insurance Corner, we published PART ONE, of "Personal Injury Settlement Considerations". At that time we considered Fred Fuddle, the chowderhead who hit you and WeHateToPay the company that insures him. We touched upon the issues of Liability, Type Of Injury, Type Of Person You Are, The Type Of Person Fred Fuddle Is and Medical Special Damages. Now, here in PART TWO, we'll explore Non-Medical Special Damages (with special emphasis upon Lost Wages), Property Damage Expense and Your Age:

NON-MEDICAL SPECIAL DAMAGES: These typically include Lost Wages and Earnings, Lost Vacation Time and Sick Leave, Travel Expenses (car rentals, public transportation, expenses incurred getting to and from the doctor and/or hospital), Household Help during disability and Childcare.

LOST WAGES: This is an area where adjusters take awful advantage of the typical claimant because they (and most lawyers) know so little about it.

Commissions and overtime can make a difference in your lost earnings. Be sure to get a documented letter from your employer. The time you lost from work (and thus the money you may have lost) is calculated and this element constitutes what is known as lost wages, or "lost time verification". In some states you're still entitled to compensation for time and earnings, even if you have no actual loss of money, such as, for example, when your salary is paid for by your own insurance or by taking sick leave or a similar arrangement.

If you're salaried you should obtain a settlement of lost earnings, or "time lost verification", presented on your employer's letterhead.

IF YOU'RE SELF-EMPLOYED: To prove your lost earnings you'll probably have to assemble your bookkeeping for the adjuster. If you balk at the idea of submitting private documents for him, in the privacy of your home or office, just think of how you'd feel about producing them in front or a judge and/or a jury in the non-private environment of a courtroom. That's the only alternative, if you want to prove your damages and collect adequate compensation.

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 his or her letterhead.

IT'S ABSOLUTELY CRUCIAL FOR YOU TO KNOW: Even if you've been paid while out of work, you can still compute your time lost from work as 'lost wages" when you execute BASE (The Baldyga Auto Accident Settlement Evaluation Formula). This simple yet revolutionary "pain and suffering" value determination is explained in the book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (HOW TO EVALUATE AND SETTLE YOUR LOSS) found on the Internet at or your favorite bookstore.

PROPERTY DAMAGE EXPENSES: These typically include auto repair, damaged clothing, broken glasses, cost of substitute car rentals, and vehicle towing and expenses. Keep the originals. Be sure to have all documents in your possession when you and the adjuster from WeHateToPay sit down for your settlement talk. Photocopies are sufficient to give him.

YOUR AGE: Because of their obvious innocence, victims between the ages of 1 and 11 generally have excellent settlement results. Those between the ages of 12 and 59 have a fair case because of their usual robust condition and because they are generally at the height of their physical stamina. Those in their late 60's and over, usually fare extremely well; this is due to the sympathy they can invoke in general attitudes about frailty and the elderly.

MOST IMPORTANT TO REMEMBER: The adjuster representing WeHateToPay Insurance plays an important role. Never underestimate the importance of the adjuster's impressions and conclusions! What he feels and reports about you, about Fuddle, and/or possible witnesses, etc. (in addition to the evidence you have documented for him) can have a great influence on his evaluation on the ultimate value of your case. (I know this to be so true because: "I've been there and done that"!)


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 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 and Warranty Direct
© 2000-2007 Vincent T. Ciulla

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