How to Claim Money on a Personal Injury

personal injuryThere are many variables at play in claiming money for personal injury, some are fixed and others keep changing during the recovery process. Let’s examine each one. First, who you are matters. The variables here include your age, occupation, health, whether or not you are retired or stay at home, your family and your career. On the opposing side, the net worth of the defendant matters.

Who you are filing against matters. Is it an individual, corporation or insurance company? Winning cases against corporations or insurance companies can be time consuming and costly. They have experienced legal teams whose sole responsibility is to settle claims for a little as possible, as quickly as possible. If they don’t, they will stall and delay your claim, trying to bring you to your knees to settle on their terms. This is especially true if you cannot work.

Every case is unique. Most defendants will pay for medical bills and may pay as little as possible for pain and suffering. Over 50% of insurance adjusters use a computerized program called Collosus. They pump into their computers, medical expenses, lost wages, severity of the accident and a percentage for pain and suffering. The program considers the extent of injuries such as broken bones, loss of limbs, restriction of movement, radiating pain, depression, headache, dizziness and visual problems. Then they calculate the opposing attorney’s win-loss record at trial, and possible trial venue. What spews out is a settlement number. If you want to go about the process with less risk, go with no win no fee claims from first4lawyers.

You, as Plaintiff, can accept or reject any offer. If your injuries are severe, you should hire a skilled personal injury attorney. He/she will advise you as to whether you should consider settling before arbitration or trial. He/she will also advise you concerning how much your counter offer should be. Anyone who has negotiated previously will know that both sides have an agenda. The plaintiff wants the most money possible. The defendant wants to settle for as little as possible. Let’s take an example. The defendant’s insurance company is offering a settlement of $100,000. You, as plaintiff, want $300,000. In the heat of the moment, you want to split the difference and settle for $200,000. Wrong. The only way to win is to counter offer with the smallest possible amount, say $296,000. Always use an odd number. The opposing side will always wonder why you chose that number. They will also know of your determination for getting the most money. At this point do not❠make another offer. Let the defendant make the next offer. This back and forth process may take several months. Don’t rush it. Any anxiety sensed from you will harden the opposition. When the gap between you and the defendant has narrowed to the point where you feel there is little more to give, you can decide to accept of reject the final offer.

If you need some legal guidance, you may want to check out legal zoom reviews for more info on how to protect yourself.

Remember that you have the option of going to arbitration or trial, but keep in mind that the defendant’s final offer will be used in these negotiations.

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