How to Settle a Personal Injury Claim

You are attacked by a neighbor’s dog while running. You slip on a friend’s icy walkway and break your wrist. You develop emphysema or asthma from years of breathing in toxic fumes at work. You sustained injuries when your vehicle was struck. What do they all have in common? Each was the result of someone else’s negligence and is grounds for filing a personal injury claim. This article offers tips on how to settle a personal injury claim.

EditSteps

1. 1
   Know under what circumstances you can file a personal injury claim. Generally, it depends on the specifics of the incident and its cause.
   • Motor vehicle accidents determine “fault” or “negligence” after examining applicable vehicle and traffic laws and who was held responsible for the incident and the subsequent injuries.
   • Injuries sustained at a place of business only are compensable if they were caused by a hazardous and/or previous unsafe situation.
   • Real estate owners, renters or dwellers may be deemed responsible for injuries sustained due to negligence, such as a “pet attack” or poor maintenance of the building and any adjoining property.
   • Injuries that occur on the job are covered by workers’ compensation insurance. A personal injury claim is not as well defined if the injuries are caused by dangerous products, weather conditions (rain, snow, ice, fog) or failed public utilities.
2. 2
   Visit a doctor or health care professional for examination as soon as possible, regardless of the severity of your injuries. What may appear to be mild injuries at first glance can quickly become something more serious. Err on the side of caution and photograph any wounds and broken or otherwise injured bones.
3. 3
   Notify the proper authorities. For example, file an accident report with the local police department and your employer if injured on the job. Also, notify your insurance company if you were involved in an automobile accident. Ask for copies of any reports you submit.
4. 4
   Prevent your claim from being thrown out due to lack of evidence by recording as many of the specifics of the accident that you can recall, including:
   • The time of day, date and location
   • What caused the mishap (e.g. hazardous road conditions)
   • Any injuries that resulted
   • Lost income or medical reparations
   • Names of any eye-witnesses
5. 5
   Protect anything that may identify who was at fault, including torn clothing, a maimed car or damaged property.
6. 6
   Calculate any out-of-pocket costs you may have incurred. Increase that amount three-fold to calculate the amount of pain and suffering you endured. Be sure to note any repair costs to your car or real estate.
7. 7
   Understand that the worth of a personal injury claim depends on what is considered “fair and reasonable” in relation to the significance of the injuries and the consequences of the accident on the injured person’s daily activities. If the individual filing the claim is deemed somehow responsible, the settlement would decrease.
8. 8
   Find out the statute of limitations for filing a personal injury claim in your state. Claimants may have between one month and one year to file based on their state. A person’s insurance carrier also can influence the filing timeframe. Check with your insurance company regarding your state’s requirements.
9. 9
   Consider settling your personal injury claim in small claims court. Claims dealing with minor injuries not resulting in lost wages or time from school or that do not call for extensive medical care often can be settled in this venue. Obtaining the expertise of a personal injury lawyer is recommended, however, if the injuries are severe or their effects are still undetermined.
10. 10
    Contest any settlement offer from the insurance company if you think the compensation should be higher.
11. 11
    Do not agree on a settlement until you are completely healed and the extent of your damages is determined. Often insurance claims adjusters encourage claimants to settle before knowing the scope of their damages and/or injuries.
12. To view the full article please visit http://www.wikihow.com/