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Personal In= jury Continued
(con=
tinued)
…interested in your well being, loyalties require that the adjuster
attempt to settle the claim with the minimum cost to the company. It is unusual for a company to mak=
e advance
payments toward medical expenses, lost wages or pain and suffering. The reasons are economic: The faster and cheaper a claim can=
be
settled; the better for the “bottom line”
![3DSideImpact.gif](3D"PIDiscussion_files/image004.jpg")
M=
edical
Expenses: Your health insurance =
or
automobile may pay the medical expenses.&n=
bsp;
More importantly, you may want to make prompt payment to your physic=
ian
to keep up a good relationship or to avoid embarrassment or harassing
calls. The insurance company =
works
this to their advantage. By
withholding payments they can move you into an early settlement on their
terms. It may not inclu=
de
damages for injuries that have not yet manifested themselves, will not cover
future pain and suffering and likely will not take into account that you
probably will have to pay back or reimburse your first party carrier.
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L=
ost
Wages: Insurance adjusters typicall=
y are
reluctant to pay lost wages without a huge amount of documentation from your
doctor and your employer. Eve=
n when
it is produced the first offer is to reduce the amount for taxes and other
discounts. Seldom do adjusters
advance payment to ease the loss and allow you to keep up with bills. This is because a claimant may set=
tle
early and for a smaller amount if there is pressure from day to day expense
demands. A victim may use sick
leave or recover disability or workers compensation. Each of these circumstances must be
considered because of the
subrogation claims.
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P=
ain and
Suffering: One of the more valuable services a
lawyer can perform for his client is to make a quality evaluation of the va=
lue
of pain and suffering in a given case.&nbs=
p;
It takes years of experience with a variety of clients and circumsta=
nces
to make such an evaluation. An
insurance adjuster may have the experience but will not likely use it to
maximize the indemnity payment to the victim of the act or omission of the
insured. Your lawyer will app=
ly
relevant and important factors to make an evaluation and advance the same in
securing full and just compensation. A partial list of these factors
include: The severity of the
injury, the suffering, including mental anguish, the residual effects of the
injury, including if the injury is permanent, the degree of temporary and
permanent disability, the cost of medical expenses, the quality of the
witnesses, including the victim, and his or her family, the appearance and
quality of testimony of the defendant and the defendant’s witnesses, =
the
degree of negligence of the defendant, the jury and court where suit may ha=
ve
to be initiated, the quality and ability of the defense counsel, and many o=
ther
factors both general like these and specific to a given case.
P=
reparation: Every case must be worked as thoug=
h it
will go to trial. Only 30 to =
50% of
claims go to suit fewer are actually tried. Most suits proceed through some am=
ount
of discovery or exchange of information to allow both sides to estimate wha=
t a
jury will award in a given set of circumstances. Quality lawyers prepare with a vie=
w to a
fair and just verdict. Quality
adjusters and quality lawyers know from experience if the other side is
serious. Quality lawyers earn=
their
reputation with the company. =
The
result is a prompt and fair settlement but save the client delay, and the
anxiety of litigation. Quality
adjusters learn from quality lawyers that delay, low offers and bad faith w=
ill
lead to trial with the same or greater fair award to the victim. The company is exposed to the risk=
of a
runaway verdict and certain large defense costs. Most companies and adjusters avoid=
this
risk when dealing with a quality lawyer who has earned the reputation as a
quality trial lawyer.
K=
nowledge: Every quality lawyer knows the law=
, the
medicine, the parties and the technique to reach the goal. The lawyer may not know everything=
about
MRI’s but will be able to intelligently discuss his clients MRI. How many adjusters can see the pro=
blem
here:
![3DMRI2.jpg](3D"PIDiscussion_files/image010.jpg")
Ther=
e is no
substitute for experience, there is no substitute for investigation and
research, and there is no substitute for hard work.
It i=
s very
difficult for an injured person to work up to the level needed in the short
time available to adequately represent themselves in their claim. An adjuster, even with a modest am=
ount
of experience has the opportunity to take advantage of the victim and make a
settlement the benefits only the company.
Send me the details of any inju=
ry
suffered by you or a family member.
I will review and offer a preliminary evaluation at no cost. Call to set up a no fee consultati=
on for
review of your personal injury claim.
(304) 482-3279