Playing defense against insurance companiesInsurance companies are in the business of making money, not giving it away. Their adjusters are trained and rewarded for reducing settlement amounts any way they can. They may appear friendly and concerned while really trying to lead you to say your injury isn’t that serious. With a few precautions, you can dodge some of these dangers.

 

Tactic: The adjuster calls you a couple hours after the car accident to take a recorded statement of your injuries.

Why it’s effective: With post-accident adrenaline pumping through your body, possibly along with a few pain killers, you can’t precisely judge the extent of your injuries. Often, you’ll be in more pain a day or two after the accident than a few hours after it happens. The adjuster wants to catch you making a recorded statement before you know how much you are injured so they can use that statement against you later.

What you can do: Be polite (nobody dreams of becoming a claims adjuster as a child); thank them for calling and simply say you don’t want to make a statement, and you’ll call them back when you’re ready. If you have already hired a personal injury attorney, give the adjuster the attorney’s name and contact information, and request that all calls go through your lawyer’s office. That is the fastest way to nip their tactics in the bud.

 

Tactic: You’re speaking with the insurance adjuster and he or she advises you that you don’t need to hire an attorney. The adjuster may even offer you a settlement in exchange for you releasing your claim.

Why it’s effective: It’s easy to believe them when they say that hiring a lawyer will cost you any money you receive. Everyone knows that lawyers charge a lot of money, right? The truth is, accident victims who hire a lawyer receive 3 1/2 times more money from settlements than those who don’t. Sure, some of that money goes to the lawyer, but you still end up with more money in your pocket than you would have had otherwise.

What you can do: Don’t agree to any settlement or sign any papers without at least talking to a personal injury lawyer over the phone. Then make an informed decision once you have all the information.

 

Tactic: The insurance adjuster hires a private detective for surveillance, hoping to catch you on film looking healthy.

Why it works: It’s not that difficult to take a few snapshots that make a truly injured person appear healthy. Your daily routine could be used against you.

What you can do: Take it easy. Seriously. Let someone else lift grocery bags, take the garbage can to the curb, and carry laundry baskets. Opt for smaller, lighter purses, and you might want to postpone visits to the gym. Be on the lookout for suspicious people loitering around your home and work, and follow your doctor’s orders to the letter. Do not, however, exaggerate your injuries.

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The Facts & Fiction of Pain & Suffering

by Chris Ligori on October 25, 2011

Pain and Suffering Cases

Much of the media has created a perception that Pain & Suffering compensation is the cash-cow of car crashes. Here’s how financial compensation for Pain & Suffering really works.

Fiction – You can make thousands of dollars off of a personal injury case.

Fact – There are no guarantees on financial compensation because there are many variables that affect the outcome of personal injury cases. Insurance companies are responsible to pay what they decide is a reasonable amount to cover your medical expenses, property damage, and pain and suffering. Lawyers are responsible for making sure that the amount insurance companies deem reasonable, actually is reasonable. Medical bills being what they are, that could indeed equate to compensation in the thousands.

Fiction – You, as the injured party, are the only person who can decide how much you have suffered.

Fact - While the pain and suffering you have endured cannot possibly equate to any amount of money, in the insurance world, it is quantifiable. That dollar amount is based on myriad factors that are specific to each individual case. There isn’t a formula, but these are a few variables that insurance companies and lawyers consider:

  • The length of time you’ve been adversely affected by your injuries, and the areas of your life that were hindered as a result. What could you do before the auto accident that you cannot do, or have trouble doing, now?
  • The amount and type of medical treatment required to diagnose and heal your injuries.
  • The age, health, and even pain threshold of the injury victim.
  • The type and severity of injury.
  • The location of the injury, and any visible scarring.

Then there are the less tangible variables, which are why the “pain and suffering” calculators advertised on websites have such a high margin for error.

  • Pain, stress, loss of enjoyment of life.
  • Inability to do activities you enjoy.
  • Inconvenience.

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Personal Injury Attorneys can make life easier after your accidentOne of the most frustrating experiences of being involved in a car accident is dealing with insurance agents who seem to think it’s their personal mission to make your life more difficult. The less you have to deal with them, the faster you can get back to living your life, and that is where a lawyer can help.

When you hire a personal injury lawyer, the lawyer takes over all correspondence with the insurance company for anything pertaining to your injury. That way, you can’t accidentally say something that could hurt your case, and you can rely on your lawyer to lift some of the post-accident burden.

Along with talking to insurance representatives, here are a few other things lawyers do to help your life return to normal.

A personal injury attorney helps you prove that the other party’s negligence was responsible for your injury. Then, the attorney helps ensure that you receive financial compensation for:

  • Past and future medical expenses
  • Past and future lost wages
  • Pain and suffering
  • Loss of enjoyment of life

Past medical expenses may be obvious – you could submit receipts for your doctor’s visits and physical therapy to the insurance companies yourself, and they would probably pay for reasonable treatment (though nothing is guaranteed – they are in the business of finding ways not to pay out). However, the effects of car accident injuries can last for months, even years, after the accident. You want to make sure you are covered if you need follow-up treatment for your injuries later on, after you have settled your case.

Don’t expect to get rich off of personal injury cases; the goal is to make you as whole as possible.

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  1. Personal Injury CourtroomReport the accident immediately to the nearest police department. The police will arrive at the scene and write up a report including how the accident happened, who the witnesses are, and the insurance details of the other party. But, don’t rely on the police to write down all the details for you. Ultimately, you need to document what happened.
  2. Take pictures. The best case scenario is that you have a camera, or a camera phone, with you when you get hit. Take photos at the scene of your car, front and back, the other vehicle, and any parts that have fallen off. Take photos of the other vehicle’s license plate, and be sure to note the color, make and model of the vehicle.
  3. Write down Who, What, When, and Where. Write down the name, address, phone number, driver’s license number, vehicle color, make and model, and insurance information of the other driver, or drivers involved. Then, get the contact information of any witnesses to the accident before they leave the scene – and make a note of your location at the time of the accident.
  4. If your injuries are severe, wait for the paramedics to examine you on the scene. If your injuries aren’t yet apparent, you should still get examined by a doctor as soon as possible. Often accident victims don’t realize the extent of their injuries until a day or more after the accident, but the longer you delay getting medical treatment, the more you hurt your case (and possibly yourself).
  5. Notify your insurance company. Even if the auto accident was entirely the other driver’s fault, you still want to let your insurance company know what happened so they have a record of it. If you are not at fault, your insurance rates should not be affected.

DO NOT contact the other person’s insurance company until you have consulted with an auto accident attorney. Any attorney will be happy to talk with you over the phone – for free – to determine whether you have a personal injury case (if you’re hurting, you absolutely do have a case). If you do have a case, you could damage it without knowing if you say the wrong thing to the other person’s insurance company representatives.

DO NOT sign any documents, papers, or medical authorizations without speaking with a personal injury attorney.

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