David

How should I prepare for my personal injury claim?

Remember, an insurance adjuster is not on your side. Insurance adjusters are trained to pay out as little money as possible. As an accident victim, your goal is to receive the highest settlement possible. This leaves you and the adjuster with conflicting interests. If you should decide to settle your injury case without an attorney, you must be knowledgeable in preparing and negotiating your claim.

To prepare for negotiations you must be able to ask and answer these five basic questions:

  • What is the strength (evidence) of your claim?
  • When similar claims are resolved, how much do victims generally receive?
  • What is your settlement goal?
  • What is your settlement bottom line?
  • What alternatives do you have if you don’t settle?

The strength of your claim lies in the evidence. Witness statements, police reports, photos, and documentation of your losses all play a role in strengthening your claim. Once you have compiled the evidence, you must prepare a demand letter. In this letter, you will list damages and summarize the evidence. You’ll also ask for the amount you wish to receive for your losses.

To get a good idea of how much to request, research the value of claims that are similar to your own. This can be done through your local law library. You can make copies of the cases you find. Make sure you reference these cases when negotiating your claim. It may also be a good idea to consult with a licensed accident lawyer to get a professional opinion as well.

Ask yourself what amount you would like to walk away with (within reason). This is called your settlement goal. After you have determined this figure, you can focus your strategy around your target settlement. Be prepared to justify your claim with any evidence you have prepared.

What is your settlement bottom line? If this amount is denied, you will need to seek alternative methods.