How to Collect a Personal Injury Claim Without an Attorney

Attorneys are not necessary when settling personal injury claims. In cases of clear liability, avoiding attorney fees may produce a higher net recovery for injured parties and quicker results. If you intend to represent yourself throughout the settlement process, be aware that collecting a settlement requires proof of three elements of a legal cause of action. Claimants must prove that the person who caused an accident violated a legal duty. The violation of a duty must be a producing cause of the accident. The accident must be a producing cause of personal injuries or property damage. Once proving these three elements, the best settlements result from thorough preparation and persistence.

Things You'll Need

• Notice letter
• Accident report
• Witness statement
• Medical invoices
• Medical records
• Lost wage statement
• Demand letter

Instructions

1. Send a notice letter to the person who caused your personal injuries. The letter should declare that you are pursuing damages and claim settlement. Request a call from an insurance adjuster.

2. Request copies of available accident reports. A description of an accident prepared by a police officer or reputable third party is the best evidence of fault.

3. Request and take statements from eyewitnesses who observed the accident. Written or recorded statements are acceptable.

4. Offer to give a personal recorded statement to the adjuster to build your credibility.

5. Gather invoices for the cost of repair for your vehicle and other property damage caused by an accident. If invoices are not available, request repair estimates from three reputable sources.

6. Obtain medical invoices for all treatment and services connected to the accident.

7. Obtain copies of medical records connected to the accident. Consider asking your treating physician for a narrative opinion to relate injuries to the accident and assess potential permanent disability.

8. Request a lost wage statement from your employer. The statement should identify all workdays missed because of personal injuries and the total amount of your lost income.

9. Prepare a demand letter. Attach copies of supporting documentation for all expenses related to the accident. Send the letter to the insurance adjuster and state the total amount necessary for claim settlement. The settlement value of each claim is unique. Local practices, historical verdicts and the credibility of all parties involved impact settlement value. Physical pain and mental suffering are recoverable damages in addition to out-of-pocket expenses and property damage.

10. Call the adjuster to discuss settlement. Do not accept the first settlement offer. Reduce your demand slowly after discussing each required legal element. The most common disputes relates to the value of physical pain and mental suffering. Adjusters may also claim you were at fault.

11. Agree on the time and method of payment before settling a claim. In most situations, insurance companies require a signed release of liability before providing a settlement check.

Tips & Warnings

• Claims based on personal injuries and property damage are subject to statutes of limitation. These statutes determine the maximum amount of time allowed for claim settlement. If settlement is not possible with the time allotted, a lawsuit is necessary to preserve your claim. State law or federal statutes of limitation may apply.

References

• American Bar Association; Family Legal Guide; Chapter 13, Personal Injury
• State of New Jersey; Office of Banking and Insurance; Auto Comparative Negligence Settlement
• Congressional Research Service; Federal Tort Claims Act: Current Legislative and Judicial Issues; Henry Cohen, Legislative Attorney, American Law Division; December 3, 2001

Resources

• Santa Clara Law; Settlement of Claims