How to Collect a Personal Injury Settlement Without an Attorney

If you have been injured due to someone else's culpable conduct, it is unlikely that you will have to win a lawsuit in order to receive compensation. Most personal injury cases are resolved by settlement with insurance companies. Negotiating a personal injury settlement without a lawyer could result in a dramatically lower settlement unless you understand how to structure a settlement demand.

Things You'll Need

• Demand letter
• Documentation of injury claims
• Medical records

Instructions

1. Gather evidence that supports your claim that the insured party is responsible ("liable") for your injury. Police reports are among the best forms of evidence. You should also consider using recorded witness statements and photographs.

2. Gather evidence that establishes your injury and the dollar amount of the loss ("damages") that you suffered. This could include medical bills, photographs and witness statements. You are entitled to compensation for medical expenses, lost wages, temporary or permanent disability, physical and mental pain and suffering, and any other tangible or intangible loss that you suffered as a result of the injury. In some cases you will be entitled to punitive damages (if the injury was deliberately inflicted, for example).

3. Develop a theory of liability based on the standard of care violated by the person or entity responsible for your injury. Tort law contains several different bases for liability including negligence, gross negligence, and intentional misconduct. Liability can also be established through violation of a statute.

4. Go to your local courthouse and research recent personal injury awards for injuries similar to yours. Use this information to find out how much your injury is worth.

5. Draft a demand letter identifying who is responsible for the accident, which theory of liability applies, and how much money you are demanding. Your initial demand should be much higher than you expect to eventually receive. Sign and notarize the letter and send it to the defendant's insurance company by registered mail.

6. Call the insurance company and offer to begin negotiations. Bring all relevant documentation with you to negotiations in order to establish your claims with objective evidence. Make small, incremental concessions until you arrive at a final figure. Negotiate the means and timing of payment.

7. Draft a written settlement agreement, sign it, and have a representative of the insurance company sign it.

Tips & Warnings

• Most personal injury attorneys will accept strong personal injury claims on a contingency basis. This means that you pay no legal fees up front, and pay nothing unless you receive a settlement. If you receive a settlement, the attorney will take 30-40% of the amount in legal fees.

• Insurances are businesses that do their best to reduce expenses. Do not accept an insurance company's first offer, because it is almost certainly far less than your claim is worth. If the insurance company breaks off negotiations, simply file a lawsuit and offer to resume negotiations while the case is pending.

References

• Personal Injury Settlement Negotiation Tips
• How to Negotiate Personal Injury Settlments

Resources

• Torts Outline