Negotiate Your Own Personal Injury Settlement
An attorney hired to represent you, is rightfully entitled to between 33% and 40% of any damage award received by you as the plaintiff through a trial or settlement. Depending on the extent of your injury, and how much time and effort you are willing to give to resolving your case, you can increase your settlement award by 33% to 40% by “doing it yourself.”
Eight out of ten personal injury cases, whether an auto accident, slip and fall, or physician or hospital error, do not go to trial. In other words, there are no official legal maneuverings, just a war of carefully selected words between the two parties. These communications, most often in writing, are designed to insinuate and present evidence that the injured party is willing and prepared to take the matter before a judge if necessary. In truth, it’s little more than a game of poker, with bluffing and posturing as the two main techniques.
Many attorneys will not represent a plaintiff if the award is not likely to be substantial. These same attorneys will lead you to believe you do not have a “case”, when what they mean is that you do not have a “case” they are interested in pursuing. This is the primary reason less dramatic injury cases are not resolved in the interest of the injured party, and rightfully deserved compensation is not received. If you feel an award of $10,000 is fair compensation for your injury, then be prepared when your lawyer takes $4,000 for writing a few short letters and perhaps making a phone call or two.
Whatever your case involves, it’s best to do research on your own, regardless of whether in the end you decide to leave the paperwork to the attorneys, or “do it yourself.” A wealth of information is available at your fingertips and two of the very best, and easiest to navigate websites are www.nolo.com and www.findlaw.com.
Before you dismiss pursuing compensation for your injury and suffering because an attorney has brushed off your case as not worth pursuing, or whether you lack belief in yourself to present the facts in a logically persuasive manner, read these 10 tips, and decide for yourself whether you are willing to make the effort to pursue your entitlement to monetary compensation for your injury and suffering.
1. Communicate in writing only. Bear in mind, insurance companies will press you to communicate by phone; but it is your right to resolve your case entirely through written correspondence, thereby providing an indisputable record of events that may be referred to at anytime. Your correspondence should be letter perfect in grammar, spelling, and punctuation. Use a numbered list of questions and points to be addressed and don’t hesitate to point out the insurance company’s failure to respond specifically. If you don’t have effective writing abilities, with the ability to use concise and clear wording, find someone who does, even if you have to pay someone.Ã?¯Ã?¿Ã?½
2. Do not release medical records to the insurance company, but do give a precise, factual, and medically detailed account of the incident.�¯�¿�½
3. Be prepared with an expert opinion to support your claim. However, do not release the expert’s findings unless negotiations become stalled or without the understanding that the expert would testify in court, if necessary.Ã?¯Ã?¿Ã?½
4. Do not use inflammatory wording. Leave emotions out, but allay the seriousness of your injury with words like “permanent”, “lifelong”, etc. but only if these words truthfully represent your injury.Ã?¯Ã?¿Ã?½
5. Make your monetary demand without apology and generally choose a starting figure twice as much as you are willing to accept.�¯�¿�½
6. Take photographs and video of your injury and inform the insurance company of the availability of this information.�¯�¿�½
7. Respond to requests for information in a timely but not immediate fashion, to allow for thought and consideration and perhaps consultation with an attorney. Be aware of the time limitations in your state to file a lawsuit, often two years.�¯�¿�½
8. Keep detailed, dated records of mailings – -certify important correspondence. Of course, make copies of any and all bills relating to your injury.Ã?¯Ã?¿Ã?½
9. Resist the insistence of well meaning friends and family to “get a lawyer” until and unless you’ve determined that you are not willing to put forth the personal effort to resolve your claim.Ã?¯Ã?¿Ã?½
10. Remind yourself that you have every right, morally and legally, to pursue fair compensation for your injury and suffering.
And finally, be proud of yourself for adding another accomplishment to your list of “do it yourself” projects!
