Here is Some Helpful Information About a Car Accident Settlement
Achieving a favorable car accident settlement can be a difficult and frustrating process. An experienced Massachusetts auto accident attorney is very familiar with the auto accident claim process, will thoroughly investigate your claim, will properly evaluate your claim, is experienced in negotiating with car accident insurance adjusters, and will advise you throughout settlement negotiations.
Compensation
A motor vehicle accident settlement provides compensation for your medical bills and lost wages (special damages) and physical and emotional pain and suffering, scarring, loss of function and permanent disability (general damages).
Evaluation/Demand
Once you have reached an end medical result, your attorney will evaluate your claim, prepare a demand package and send it to the insurance company and work to obtain a fair and just car accident settlement.
The demand package will contain a letter and documents evidencing liability and damages. The letter will inform the adjuster why the defendant was responsible for the accident, the nature and extent of your injuries, and the amount of the demand.
The amount of the demand is determined by adding the special damages to the value of the general damages. There is no magic formula in evaluating general damages. Your attorney will consider all of the pertinent factors and together with his experience in handling similar cases and will arrive at a value for your general damages.
What You Can Do
In order to help insure that you obtain fair and just compensation for your car accident claim there are several things you can do such as:
- Always tell the truth.
- Cooperate fully with each of your doctors and tell the doctor about all of your current complaints and prior similar complaints to insure an accurate and complete record of your condition is well established.
- Keep all of your medical appointments.
- Keep a diary of your condition.
- Cooperate fully with your attorney.
- Keep your attorney informed of all facts concerning your claim.
- Inform your attorney about prior injuries, accidents, and claims.
- Make every effort to recover.
- Make every effort to return to work.
- Keep a positive attitude.
- Focus on what you have, not what you lost.
- Focus on your recovery, not your claim.
Remember - Juries, insurance adjusters and defense attorneys respect and reward fighters, not whiners.
Insurance Companies
The insurance company of the defendant will assign an adjuster to handle your claim. Depending upon how the adjuster views liability, he will either deny liability or make an offer in response to the demand package.
The adjuster will determine the amount of the special damage and then evaluate the general damage. Some of the factors the adjuster considers when evaluating general damage are the number of weeks you were totally disabled (usually this means disabled to the extent that you cannot work), the number of weeks you were partially disabled, whether you are permanently disabled or disfigured, whether there are objective findings such as x-rays showing a fractured leg, and the credibility/background of the plaintiff.
Insurance companies have devised various formulas for determining the value of pain and suffering in personal injury claims and in negotiating a motor vehicle accident settlement. An example of a formula used by an insurance company is to pay $200.00 to $300.00 a week for pain and suffering while you are temporarily partially disabled (usually this means the time when you are receiving treatment for your injuries but are able to work) and $400.00 to $600.00 while you are temporarily totally disabled (usually this means the time when you are unable to work because of the injuries you sustained). However, these formulas have no legal basis and would not see the light of day before a jury if the case were to go to trial.
In any event, insurance companies sometimes make use of formulas in determining the value of a claim. It is the responsibility of the attorney representing you to inform you as to what his opinion is as to the value of your claim based upon the facts of your case, the extent of your damages and his experience in evaluating personal injury claims.
Negotiations
The adjuster and your attorney will work to negotiate a car accident settlement. However, your attorney works for you and you make any final decisions during settlement negotiations. Your attorney will advise you as to whether the adjuster's offer(s) will provide you with fair and just compensation for the damages you sustained.
Lawsuit/Arbitration
If negotiations prove unsuccessful, with your approval, your attorney will file a lawsuit or seek arbitration.
Get the legal help you need. Call Robert Allison at 978-338-4209 or send us an e-mail.
