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Settling Personal Injury Claims


When you are injured by the negligence of others, you are usually entitled to money for pain and suffering, lost wages, medical bills, and any lasting effects of the injuries. It is impossible to calculate these damages without a comprehensive picture of each individual case. In general, insurance companies look at the cases in light of how they feel a jury would evaluate the claim if the case was presented for a jury to decide. The extent of the injury, the earning power of the victim, and familial circumstances all come into play here. There are computer programs which are available to attorneys to assist them in the evaluation of a claim but most experienced attorneys value claims based on the settlements of similar cases in the past.

Under some circumstances your spouse and or children may also have a claim when you are injured for their loss of support and society, regardless of whether any of them were actually in the accident. When a family member is injured, the whole family is affected in many ways. A spouse may have to quit working to provide care, or a child may have to terminate his/her education for lack of funds.

When you are injured, you need to get medical treatment immediately. It makes no sense to go through pain and suffering when there is insurance to cover treatment. In addition, an insurance company will not issue any settlement for injuries without medical reports to back up the condition. They assume, and rightly so, that the injured get treated and those who are not injured do not. It follows that you must follow up on any type of therapy, treatment, or testing as prescribed by the health care provider.

With personal injuries come other losses as well. There are lost wages for the time which the injured party is unable to work and for times when doctor's appointments or treatments are scheduled. All of these losses can be recovered. In order to document work time lost, a letter from your employer/supervisor will usually suffice. If the doctor has recommended that you not work, you will certainly want to get a work release. Documentation is more difficult for the self employed and seasonal worker. Letters from individuals who use your services or income tax forms may help, depending on your particular situation.

When your treatment is completed, you will need a complete set of medical records and bills to present to the insurance company. Narrative reports from health care providers relating the extent and the permanence of the injury aid in helping the adjustors understand your particular injuries. You also need to know the value of your claim when demanding a certain amount for full release and settlement.

If all of this sounds complicated, it is because it truly is overwhelming. The insurance companies want to pay the least possible for your claim, so they will often insist that treatment was excessive or even unnecessary. Basically, they will tell you that you were not hurt at all. An experienced team of attorneys and legal staff can help you to stand up to the insurance companies.

The Beard Law Firm has an experienced staff which can solve problems as they arise, help expedite the settlement of your claim, and recover fair compensation for all of your losses. We keep track of all your medical bills and we request the records and any necessary narratives. The firm assumes all of the costs for these documents. We work closely with your health care providers so that we understand the nature and extent of the injuries so that we can dispute any arguments the insurance adjustor may have on any particular aspect of your treatment and recovery. When the time comes to make a demand on your claim, we know the value of your injuries and we know how to get you a recovery that is just.

Before you settle your personal injury claim, you need to talk to an experienced team of professionals to advise you of your rights and be sure you are adequately protected. A hastily signed release may mean hardship down the road. Additional treatment or surgery may become necessary; additional lost wages may result. You need to carefully consider the consequences before you settle your claim. Remember: an accident does not just affect you. It affects the entire family.

 

 

LARRY L. BEARD - MANAGING ATTORNEY
larry@beardlawfirm.com

NO CHARGE FOR INITIAL CONSULTATION

Please note that the materials included in this page and all of its subpages are intended to be general information only and are not provided in the course of attorney-client relationships, nor do they constitute legal advice. We hope that you find this information interesting and helpful , but it is NOT a substitute for obtaining legal advice from your own counsel. We implore you to contact counsel before you jeopardize your legal rights!

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