If you are involved in a car crash, you may not know how to proceed with settling your injury claim, so that you may forget about the accident and move on with your life. When negotiating your case, it is important to be well prepared and be confident.
An often heard theory is that the pain and suffering are equivalent to one and a half to five times the hard costs. Well, it can be true, but unless you have the legal documentation and knows how to convince your adjuster to compensate, it is likely that you might never get past hard cost payments.
It is crucial to note that there are no legal laws that compel a claims adjuster to compensate for pain and suffering. There are no reference guides that list compensation amounts to be offered for mental anguish.
On the other hand, it is widely known that the chances of the injured party and the adjuster coming to an agreement on fair compensation for pain and suffering are very slim. Most often, your adjuster has the upper hand. He has the money, but, will never pay it for your suffering and pain unless you can convince him. Mental anguish cannot be quantified easily, and this implies that even though the adjuster may admit that you suffered anxiety and pain due to his insured actions, he might not accept the amount you think you should be paid for compensation.
The article examines, in fine details, what you should do in the aftermath of a car accident, so as to get the most out of it. As you go through it, you’ll understand the negotiation strategies and how you can apply them successfully to your vehicle injury claim.
10. Organize and prepare adequately.
Personal injury lawyers do it and so should you. Ensure that you have organized your documents well. Understand what they are and how to access them quickly. These materials should include the detailed notes of every conversation with the representatives of your insurance company, phone contacts, the names of the parties involved, photos of your damaged vehicle, the accident scene and X-ray images of your injuries. And remember the maxim; Nine out of ten times, the individual who is best prepared will prevail.
9. You must know what pain and suffering constitute.
Knowing and understanding what pain and anguish constitute is crucial if you are going to negotiate your vehicle injury claim successfully. This not only commands the adjuster’s attention but also is likely to streamline the negotiation process. He will know i that, he’s dealing with an individual who knows what vehicle injury claims are and the process of the negotiation settlement.
In technical terms, suffering and pain is a measure of how the injuries caused by accident have resulted in your sufferings. It is, therefore, the payment for the personal suffering. For instance, if your head was okay before the crash, and now as a result of the collision it hurts every day, the money paid for the suffering and pain is meant to cover that particular pain.
The adjuster examines and sees the X-ray images revealing the torn skull, and he believes you are suffering. The question now becomes how much is that suffering worth? And how do you measure it?
You should understand that the sufferings should also cover psychological pain, and that includes helplessness, terror, fear and mental torture you experienced as part of the sufferings. Pain and suffering do not include resultant inconveniences, such as lost wages, rental cars or any other quantifiable similar amounts. It is for the suffering and pain alone.
8. Know the medical terminology.
Successful personal injury lawyers know the essence of learning all they should regarding their clients’ injuries, and that includes side effects and the likelihood of future medical issues. To be successful, you MUST do the same. Lawyers must have high knowledge of expertise in medical procedures and terminology, but you’ll also need to know a few that apply to your area. There is a broad range of pain and suffering peculiar to each injury and every victim. The range includes both short and long-term impacts of the damage. And due to that range, insurers are forced to negotiate every claim on its own merit and separately.
In fact, many car crash victims who settle their compensation cases never take the appropriate time to understand their injuries, including their medical terminology and long term effects.
Grab your time and obtain valuable medical data about your injuries from reliable websites such as the Mayo Clinic or Web MD. By knowing better the nature and the type of the damage, you can divert that knowledge into a convincing argument with your adjuster.
7. Make your Before and After’ known by the adjuster.
Explain that before the car crash you had no significant psychological or physical problems. In fact, clarify that you were extremely healthy and enjoyed playing golf, hiking, basketball, working out, and other favorite sports with your friends. Until the accident, you enjoyed a very healthy relationship with your partner. Then out of nothing, his insured reckless driving altered everything. Just like the other individuals who suffered head injuries and had numerous surgeries, your discomfort and writhing pain has not abated. It is there and constantly reminds you every day how suddenly your life has changed.
You have done everything in a bid to get back into the swing of things to no avail. The discomfort and pain are severe that you have lost interest you once had while engaging in dancing, sports, and intimacy with your partner.
However, the lack of intimacy with your partner is a very critical topic and one you would certainly not prefer to discuss with the adjuster. But, just know that it is considered as a recoverable damage. It falls under the pain and suffering category and is known as loss of Consortium. Get the most out of that feature.
6. Don’t start negotiations presuming anything.
Bearing in mind that you already know that the adjuster doesn’t have to offer you the suffering and pain compensation, it would be foolish to enter into the negotiation thinking that it is just about how high the compensation amount can be hiked. If you didn’t know, this could potentially set back the negotiation process even before it starts. Additionally, never accept an appraisal or an estimate of your losses offered to you by the insurer. Insurance agencies will often convince you to allow their replacement estimates or replacement estimates or contractor’s repair, which are always very low.
5. Speak with your adjuster as you would with any other professional.
Your intention is to make the claims adjuster to take negotiations very seriously. Begrudging and commanding his attention is crucial to an effective presentation and consideration by him. Your voice should never sound insulting, and it must be steady. However, don’t seem desperate, like you are in a hurry for a settlement. Pace yourself accordingly, knowing that you are never going to settle your compensation claims in one day.
4. Search for vital information from sources.
Online sites and Courthouse are excellent sources of information concerning the amounts juries have awarded in claims similar to yours. Internet sources provide information of all types. An example of such good sites is the VerdicSearch.com. You can see the amounts juries have awarded in car crash claims in your country and around the world. Specifically, your intention is to have a rough idea of what you should expect.
3. Inform the adjuster how extremely your treatment has been painful.
Critically talk about how your immediate treatment process plus the recovery period has been. Talk about enduring the setting of your skull and the bones and the discomfort and pain as you helplessly lay in your hospital bed for many days and nights. Talk about the indignity and embarrassment you underwent while in the hospital bed not able to handle yourself and manage your personal needs.
2. Never invite or imply collusion.
If you didn’t know, there have been instances where injured parties unknowingly misunderstood something her/his claims adjuster either meant or said, and going on to use it as an invitation to purpose something illegal. If you cross the line, the chances are that the adjuster will probably not return your calls. And the next information you will receive will be a document from the insurance company’s legal department stopping negotiations with you. At this point, they owe you nothing, and will only wait for an appointment with your attorney. Any hopes of settling your car crash compensation claims without a lawyer are gone. Even though you may be smart enough not to engage is this kind of behavior, just know that these things happen, and if they do, consequences are dangerous.
1. Tell the adjuster how fatal and painful the accident was.
Outline in excruciating details, everything as it happened. For instance,( Assuming the following events happened) speak of how your abdomen slammed into the car’s window, and then snapped vigorously backward toward the floor. Tell your adjuster how your body jerked back and forward as if it was a boxing punching bag. Incorporate every unique circumstance you experienced, and this would increase your chances of landing the jackpot.’
Finally, remind the adjuster that you’ll still need additional treatment following the crash. Say that the final narrative from your doctor states that you must undergo further treatment, including, but not limited to more C.A.T and M.R.Is scans to measure your recovery rate.
The Bottom line.
Vehicle crash claims are not that easy to negotiate. They require you to have a deep understanding of every aspect related to your case, in particular. The article has provided you with what you need to do so as to increase your chances of earning big.
However, it is important to note that actual negotiation process depends on;
• The command of all the relevant data you’ve prepared and accumulated.
• Your ability to engage effectively, forcefully and professionally in a productive dialogue with the adjuster.
• Your ability to present all the information in a cohesive approach.