Compensation in Personal Injury Cases
- Victim suffered an injury.
- Someone else’s negligence caused the victim’s injury.
- Injury caused the victim harm or certain losses.
- An injury alone is not enough to show personal injury; the victim must have suffered some sort of loss or harm from the injuries.
The compensation awarded for these losses is called “damages.” These losses usually include:
- Lost income
- Medical expenses
- Property damage
- Emotional pain and suffering
- Mental anguish
- Loss of normal life
Car Accident
At the scene of the accident
- Check for injuries and call 911 (never agree with anyone who asks you not to notify police or insurance company).
- Do not admit to fault even if you believe that you made an error. Be careful what you say and do not make any comments or statements that could be used against you.
- Gather evidence by taking pictures of cars, roads and any damages to the area (guardrails, trees, objects, etc.).
- Collect name, address, phone numbers and insurance information from drivers involved in the accident and names / information of police officers at the scene.
- Get names and contact information of eye witnesses. Ask them to sign a statement, or get a video recording, of what happened. An independent / unbiased witness is extremely valuable by adding unbiased credibility to your personal injury case. Witnesses are not legally obligated to stay at the scene or give a statement.
- If paramedics suggest taking you to the hospital, it’s in your best interest to go with them and not refuse help.
After the accident
- Seek immediate medical attention even if you believe you are okay. While some injuries are visible, others may not be and could be potentially life threatening. Not seeking medical attention could have serious consequences and negatively impact your injury claim. If you wait, the insurance company can argue that the injury was not caused by the accident and that it happened after the accident.
- Document your side of the story. Write down everything that happened while it’s fresh in your mind. Doing so immediately following the accident will be important when you contact insurance companies and start the claim process.
Begin Claim Process
- With notes in hand, contact your insurance company. Many policies have a clause agreeing that you will notify the insurance company when you’re in an accident and you agree to cooperate with the insurance company’s investigation of the accident.
- Notify the at-fault driver’s insurance company and in cases where you are severely injured, it’s advisable to hire a personal injury attorney to contact the insurer regarding your claim and handle all of the communications with the company.
Handle Claim's Adjuster
- Once the claim is filed an insurance adjuster is assigned to investigate what happened and determine how much the claim is worth. The adjuster works for the insurance company and not for you. The adjusters will attempt to keep any payout as low as possible so the insurance company is more profitable. On the flip side, the adjuster also wants to avoid a personal injury lawsuit. If the lawsuit makes it to trial then a judge or jury will make the decision on liability and compensation which could be significantly higher. Ultimately the insurance adjuster’s job is to get the claimant to accept the lowest settlement offer possible and not filing a lawsuit.
- The claims adjuster will ask lots of questions and the same question in different ways to see if your answer remains the same. When dealing with an insurance claims adjuster, be very careful of giving a recorded statement and know you are not obligated to do so. You always have the right to speak with an attorney if you have any concerns about giving a recorded statement.
Organize for Max Recovery
- Make sure you retain and have available clear evidence of fault (photographs, witness statements) and copy of police report.
- Save all medical records, itemized statements of all bills paid including out-of-pocket expenses for parking, gas, mileage and any other expenses related to treatment.
- Keep track of lost work due to the accident and injury.
- Keep copies of any correspondence between you and the insurance company and document any phone calls between you and the insurance company (adjusters, attorneys, etc
Create Demand Letter
- Your demand letter should clearly explain to the insurance company what actually happened based on your accounting of the accident and what it will take to settle your claim.
- Make sure the letter is objective and professional and includes documentation proving your claim.
- If you hire a personal injury attorney, they have in-depth experience writing successful demand letters.
The other cases we deal with
- Pedestrian Accidents
- Workplace Accidents
- Premise Liability
- Dog Bites
- Motorcycle Accidents
- Construction Accidents
- Slips and Falls
If you or a loved one has been injured, speak with us by telephone 847-621-9071 for a free and confidential consultation
No attorney fee unless you win