Recently I lectured at a seminar put on by the National Business Institute called “Advanced Issues in Personal Injury Litigation.” The title I choose for this article is more appropriate as the primary focus is harms and hurts to a person’s body as opposed to their reputation. The word litigation implies a lawsuit is filed in a civil court of law. (1) However a claim for bodily injury is not necessarily a lawsuit. It is a demand on the insurance company for payment for money damages that flow from wrongful or negligent conduct that hurt a person. A settlement can be reached out of Court with proper and complete preparation.
Lawyers are required to take continuing legal education. This seminar was for the purpose of teaching lawyers about personal injury claims and litigation. Their attendance got them credit towards Ohio CLE hours. When I teach other lawyers at seminars I also have to prepare materials that attorneys can take home with them. My purpose is to share some of the information I presented so that lawyers as well as injured lay persons may understand bodily harm claims better.
Negotiating Complex Claims With Insurance Adjusters
The above heading was the topic I presented. Although I can not cover all of the topics here let me give you an idea of what areas I covered . They included:
- Proper Documentation
- Settlement Demands
- Expert Exhibits
- Claim Reserves
- Valuing My Claim
- Most Critical Value Drivers
- Negotiating Techniques and Mistakes To Avoid
It is important for the lay person to distinguish a claim they can handle by themselves and one that should be in a reputable lawyer’s hands. To me a complex injury claim involves any serious harm. That is where the art and skill of experience comes in. A simple case of an emergency room visit with one doctor follow up probably does not need a lawyer. The lay person can get as much on their own as they could with a lawyer. Just be sure you are 100% well before you ever sign a settlement release.
Look at a topic that a hurt man or woman can get a lot of value from:
Most Critical Value Drivers
Liability insurance companies look at value drivers. Those things that cause an injury claim to have a high value. Monetary loss is the first value driver . It is easily quantifiable. So you must gather every medical bill. Then income lost from work is the other easily measurable value driver. You must have a doctor confirm your injuries kept you from working. And you must provide the employment records. Some people take off work without a doctors excuse. This is unlikely to be compensated.
The injured person must be able to convey the pain they experienced and continue to experience and the loss of enjoyment of life. It is the great advocate that can get this information to the insurance adjuster. This comes in the form of pictures, medical illustrations, medical records and specialist doctor’s reports. The injured person themselves often becomes the main value driver. Are they credible and trustworthy. If the plaintiff ( the person bringing the lawsuit) is not believable the claim loses value rapidly.
For further information on car accident bodily injury accident claims go to the Anthony Castelli Attorney Car Accidents Practice Center.
Source Cited
(1) Litigation Lawsuit
About The Author
Anthony Castelli has over 32 years experience. He offers a free consultation. Anthony only gets paid when he recovers money for the injury victim. He never represents the insurance company. He can be reached at 513-621-2345 .
