How to Settle a Personal Injury Claim
You were injured in a car accident traveling home from work. A dog bit you while you were jogging. You slipped on your neighbor's icy sidewalk and sprained your ankle. What do these scenarios have in common? The injuries were all caused by another person's negligence, and all are cause for filing a personal injury claim if you can prove your case.
- Difficulty:
- Moderate
Instructions
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Seek medical attention even if your injuries don't appear to be serious. Minor injuries often can turn into something more. Verify your injuries by taking pictures of any scratches, lacerations, contusions, inflammation or broken or injured bones.
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Document your accident, including date, time and place, injuries sustained, lost wages and medical expenses. In the case of a motor vehicle accident, make a note of the weather and road conditions, traffic flow, malfunctioning traffic signals and visible hazards.
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File an accident report with your local police. Obtain copies to submit with your personal injury claim.
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Locate anyone who may have seen the accident. Witnesses can be instrumental when settling a personal injury claim with your insurance company. Often they are able to provide details or descriptions that can indicate who was at fault. The statement should be put in writing.
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Preserve any evidence that may indicate who was at fault, such as a damaged vehicle, a broken step or ripped clothing. Hands-on evidence is more effective than a written or verbal description.
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Estimate your damages by first calculating your out-of-pocket expenses. Triple that figure to determine the value of your "pain and suffering." Add to that any repair costs to your vehicle or property.
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Consider filing a personal injury claim only if you have sustained an injury, incurred medical expenses or lost work time and/or wages.
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Notify your insurance company and the party responsible for your injuries of your intent to file a personal injury claim within several days of the accident. Notification should be in letter form.
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Seek legal assistance if you cannot settle your personal injury claim with your insurance company or if your case is complex. If you are unsuccessful in settling with your insurance company, you have the option to bring your case to small-claims court. If you cannot afford it, free legal help is available.
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Tips & Warnings
Be patient. Personal injury claims can take months-or years-before a settlement is reached.
Check the laws of your state to see if there is a statute of limitations for filing a lawsuit in small-claims court.
Keep a calendar diary of any pain, malaise, angst, insomnia or other symptoms you experience.
When filing your initial claim, double the final amount in anticipation of having to negotiate a settlement. Lower your demand only after receiving a counteroffer from an insurance claims adjuster.
Be aware that insurance companies do not like to pay out claims and will have investigators follow you to obtain proof that your injuries are not legitimate.
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Comments
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parkerj
Mar 23, 2009
my son had a accident at school he cut his hand open with a box cutter that a teacher give to him to cut down a fly er on the wall at school who is responsible -
parkerj
Mar 23, 2009
my son had a accident at school he cut his hand open with a box cutter that a teacher give to him to cut down a fly er on the wall at school who is responsible
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copperhill
Mar 10, 2009
You state to triple your damages to figure out your pain and suffering?? What if the injury is relatively low cost, say an eye injury that cannot be repaired. All the doctor can do is bandage it. However you have lost part of your vision. The 3x medical bills would not compensate you for the actual injury. This is not good advice in my opinion.
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copperhill
Mar 10, 2009
You state to triple your damages to figure out your pain and suffering?? What if the injury is relatively low cost, say an eye injury that cannot be repaired. All the doctor can do is bandage it. However you have lost part of your vision. The 3x medical bills would not compensate you for the actual injury. This is not good advice in my opinion.
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mia4807
Oct 27, 2008
I sprained my ankle (pretty bad) in parking lot of JC Penney. I would like to make a small claim for pain & suffering since it has been 6 weeks still not able to walk properly. It also prevent me from doing my exeercise for my high blood & cholesterol (my doctor;s order). Is that possible?
