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There are DOZENS of insurance claim possibilities which will increase
the dollars awarded to you in the settlement of your personal injury insurance
claim. Some of them rarely see the light of day but some do. The six I’ve listed
below are crucial for you to be aware of as you prepare to go to war
with the insurance adjuster regarding the value of your loss.
They are as follows:
(1) EMOTIONAL
REACTIONS TO YOUR INJURY: When it comes to placing a dollar value on the
“Emotional Reaction” of an injury one enters into an area where most individuals,
even experienced claims adjuster’s and Defense Attorneys, are at a loss.
The four
most often ignored “Characteristic Symptoms” are: Confusion, Anxiety, Depression
and Denial. “Denial”, that is, regarding the seriousness of your injury and
the constant pain you feel. This usually comes to pass when one refuses to complain
anything is seriously wrong, convincing themselves it will work itself out because
they’re one tough individual.
If any of the above “Emotional
Reactions” (which are a direct result of “Characteristic Symptoms“) becomes
a reality it would be wise for you to see a shrink. Maybe you won’t immediately
identify this as something you need to have checked out but the person you climb
into bed with probably will. When she tells you you‘re not functioning (between
your ears) all that well, listen up! If that’s what you’re told you should swallow
hard and obtain an expert’s opinion. You may consider yourself a muscular "Power
To Be Reckoned With" but you’re not SuperPerson so, you should talk to a specialist,
explain what’s happening, and let it all hang out.
Once you’ve been discharged, you should get that specialist’s written
Medical Report and hand it to the adjuster, along with the medical bills for
your treatment. Is that legit? The answer is "Absolutely, yes"!
Can the adjuster refuse to accept them and suggest they add no value to your
claim? The answer is "Absolutely, not"!
(2) EMOTIONAL DISTRESS: Emotional distress is legitimate
"Pain and Suffering" and you should be compensated for it. For
example, problems that may develop over the effects of an accident within the
area of your work or business, or perhaps interfere with your love-life! Whatever
it is that’s causing you problems you should see a specialist. Keep going back
to see him for as long as it takes to return to normal. At the end of his treatment,
when he's finally discharged you, ask for and obtain his written report. Present
that to the adjuster along with the specialist’s bill for their services.
Take it from Dan Baldyga who was on that firing line for 38 years:
"This is a legitimate expense and it positively gives your personal injury
more value"!
(3) SECURING COMPENSATION FOR LIFE DISRUPTIONS: If your
injuries caused you to miss some special training you had arranged to take advantage
of, you'll probably, at some point, want to make that time up. The difficulty
you may experience in making up that missed time (or perhaps never again
being able to obtain it) has the potential to increase the value of your settlement.
To achieve that you must obtain written proof and present it to
the adjuster.
Also to be taken into consideration is a vacation you may have
been unable to take, or some recreational event’s in which you could not participate
in and/or a missed special event, like a wedding or a reunion, etc. All of these,
properly documented, add value to your claim because they are specific examples
of the inconvenience and discomfort you've endured as a direct result of your
injury.
(4) YOUR AGE: In the
evaluation of an individuals "Pain and Suffering", age is always
a factor because the older you are the longer the periods of Total and/or Partial
Disability will be. This will affect the course of treatment plus the length
of time of the "pain killers" you’ve been ordered to take. For example:
Over age 50 disability is about 10% to 15% longer, over age 60 disability is
about 20% to 30% longer, over 70 disability can be 35% to 45% longer and over
75 disability can often be as much as 50% - - or even longer!
(5) PRE-EXISTING MEDICAL PROBLEMS: Also
pre-existing conditions are factor’s that must be considered: For example: Arthritis,
Sugar Diabetes, Pervious Injuries and/or Previous Operations that have left
you with on-going problems, etc.
Whatever that pre-existing situation may be you should look to
your attending physician for advice. Don't avoid discussing this with
him. If any doubt exists you should insist your doctor refer you to
a specialist for consultation. If your physician is legit he'll agree. If he
doesn't than kiss that goodie-two-shoes "Goodbye" and then go find a specialist
on your own. It's your body and there's only one to a customer!
(6) ONE THING YOU SHOULD NEVER FORGET IS THAT
THE VISIBLE DAMAGES TO YOUR MOTOR VEHICLE CAN VERY OFTEN PROFOUNDLY AFFECT THE
AMOUNT OF MONEY YOU'RE EVENTUALLY PAID. If the vehicle you were in was badly
smashed, that goes a long way proving that your injuries were sever and therefore
painful. You must snap photographs of your motor vehicle. Shoot a couple rolls
of colored and also black and white (black and white because in some instances
colored photographs cannot be entered as evidence in a court of law). Take them
from different angles and various distances. Like for example, 30 feet away,
then 15, then right up close.
YOU SHOULD MAKE TWO SETS: One for you and
one to hand to the adjuster. Blow the photos into 8X10 glossies and present
them to him. Both the size of your repair bill and those photographs will go
a long way towards proving two important points: FIRST: That you know
what you're doing. AND SECOND: That the injuries you received from that
god-awful impact (and the long period of "Pain, Suffering and also the discomfort
you‘ve had to deal with) - - if and when viewed by a judge or jury - - are proof
positive of what your injury caused your body to endure.
By: Dan
Baldyga Email: dbpaw@comcast.net.
Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved. Reprinted with
permission. Dan Baldyga has a lifetime of experience in motor vehicle accidents,
personal injury and compensation. Over the years Dan has written several "How
To" books on this subject matter. Dan's latest book AUTO ACCIDENT PERSONAL INJURY
INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet
at http://www.caraccidentclaims.com
or http://www.autoaccidentcaims.com
DISCLAIMER:
The only purpose of this article, "SIX CRUCIAL INSURANCE
CLAIM POSSIBILITIES" is to help people understand the motor vehicle claim
process. Neither Dan Baldyga, EXPERTPAGES.COM nor FREEADVICE.COM
make any guarantee of any kind whatsoever; NOR do they purport to engage
in rendering any professional or legal service; NOR to substitute for
a lawyer, an insurance adjuster, or claims consultant, or the like. Where such
professional help is desired, it is THE INDIVIDUAL'S RESPONSIBILITY to
obtain it.
