How to Settle Personal Injury Claims
Settling personal injury claims can be a long and lengthy process. Many forms and legal documents are required when filing a claim. Processing claims can involve two insurance companies, witnesses, mediators and lawyers. Learn how to settle a personal injury claim by organizing documentation, keeping careful notes and understanding your rights and the responsibilities of those involved in the claim.
Documentation
Gather together proof of damages. Include photos of the scene of an accident and injuries you may have sustained. Personal injury claims are often filled for automobile accidents, but they can also pertain to accidents caused by poorly managed side walks, equipment left in a roadway or any other number of hazards.
Include lists and receipts of hospital care, doctor visits, automobile repairs and lost wages.
Document information about any witnesses and have them sign a written statement as well as supplying the police with their names and numbers.
File the Claim
File claims against the insurance company you seek damages from and your insurance company as well. Filing with both companies may help to assure that all the responsible parties have been given notice. It is possible that your insurance may cover some portions of the damage in some circumstances.
Prepare to meet with insurance claims adjusters. You will have a meeting to discuss your claim with the company you are seeking retribution from. Provide copies of photographs, witness lists and supporting documentation to the adjuster. If both insurance companies hold some responsibility it is likely you will meet with each one.
Negotiations
Consider that you will probably receive a low-based offer to satisfy your claim. Check your documentation, bills, receipts, expenses and lost wages and possibly pain and suffering amounts against the offer. In most cases the offer is too low and this is the beginning of the negotiation process.
Contact the supervisor in charge at the insurance agency if you have clear-cut supporting documentation justifying your asking price. Offer to meet with the supervisor and explain your case in detail with documentation. This may be all that is needed to get a fair offer.
Understand that when a release agreement has been signed, the claim is closed and it is too late to ask for more money.
Consider a meeting with a neutral third party such as a mediator that will work for an equitable settlement to all parties involved in the case.
Filing a Lawsuit
Think about filing a lawsuit when the claims process or mediation does not result in a fair settlement. Generally it is best to hire a qualified personal injury lawyer to handle your case for best results. Many personal injury lawsuits are settled as a result of filing the lawsuit and actually never go to court.