Insurance companies don't want you to know what your personal injury claim is worth. And many lawyers want you to believe you can't handle a claim without their help. Neither is true. Armed with the right information, you can handle a claim-and save hundreds, even thousands, of dollars in the process. How to Win Your Personal Injury Claim shows you how to handle almost every accident situation, and guides you through the insurance claim process step-by-step. This revised edition of How to Win Your Personal Injury Claim has a new chapter about hiring and working with a lawyer, plus new information for claimants who must undergo medical examinations.
Joseph Matthews has been an attorney since 1971, and from 1975 to 1977 taught at the law school of the University of California, Berkeley. He has for many years been involved in matters relating to seniors, and is the author of Social Security, Medicare & Government Pensions and Long Term Care: How to Plan & Play for It, as well as How to Win Your Personal Injury Claim.
Table of Contents
Introduction: Who Can Use This Book?
A
What Kinds of Claims Can You Handle Yourself?
2
B
How to Use This Book
3
1
Handling Your Personal Injury Claim
A
Why You Often Can Handle Your Own Claim
2
B
When You Might Need a Lawyer
5
2
Whose Fault Is It? How Legal Responsibility Is Determined
A
Basic Rules of Legal Responsibility
2
B
Liability in Specific Types of Accidents
9
3
Initial Steps in Settling Your Claim
A
The First 72 Hours: Protecting Your Rights
2
B
Getting a Claim Started
9
C
Special Rules for Accidents Involving the Government
19
4
Understanding Insurance Coverage
A
Motor Vehicle Insurance
2
B
Nonvehicle Liability Insurance
17
C
Your Own Health Coverage and Accident Claims
20
D
No-Fault Laws: State Summaries
22
5
How Much Is Your Claim for Injuries Worth?
A
The Damages Formula
3
B
How Injuries Affect Compensation
5
C
Demonstrating Pain and Suffering
10
D
Lost Income
16
E
Property Damage
16
F
Arriving at a Final Compensation Value
17
G
Examples of How Much Different Claims Are Worth
20
6
Processing Your Claim
A
Collecting Information
2
B
Preparing a Demand Letter
14
C
Sample Demand Letters
22
7
Property Damage Claims
A
What Type of Claim to File
2
B
Amount of Compensation
6
C
Processing Your Claim
7
D
Negotiating a Settlement Amount
10
8
Negotiating a Settlement
A
Adjusters: Who They Are and How They Work
2
B
How the Negotiation Process Works
4
C
What to Do When You Can't Get a Settlement
20
D
State Departments of Insurance
28
E
State Statutes of Limitations
33
9
Finalizing Your Settlement
A
Confirming the Offer and Acceptance
2
B
Formal Settlement Document
2
C
What to Do If the Check Doesn't Arrive
5
D
Liens on Your Settlement Money
6
E
Taxes on Your Settlement Money
8
10
The Last Resorts: Lawyers, Arbitration, and Courts
