Once you have finished the treatment, we get your bills and records, send them over in a demand package, and start high. Our demand includes a summary of what happened, how the wreck occurred, what the police officer determined as the fault, what each doctor saw and did to you, how they treated you, how you got better, and that’s a condensed version of what we would show to a jury if we go to trial. There is a variety of factors that affect the offer as far as the type of treatment. Many times, insurance companies will not value diagnostic treatment like an X-ray or CT. They won’t assign as high a pain and suffering amount to an X-ray as they would five months of physical therapy because five months of physical therapy is a lot harder on your body than sitting in an X-ray machine for 10 minutes or so. Generally, treatment that required more time, pain, or suffering will be more valuable.
If you are not back to normal, then they’ve got to pay you for that. They can’t wave a magic wand and make you back to normal. All they can do is pay you, and that’s something that we will fight for. If you have an impairment rating, we’ll make sure that you are compensated for that. They must pay for your lost wages, and we must prove that you missed time from work. We’ll get documentation from your employer and confirm that you physically were unable to work. If we can prove those two things, we can get your lost wages covered. Many times, adjusters and insurance companies will look at your property damage. They’ll try to argue that your property damage should be related to your injury, and an explanation that I’ve seen other attorneys use is a carton of eggs. If you drop a carton of eggs, the carton may look fine, but you will probably not buy those eggs on the inside. Just because there is no damage on the outside doesn’t mean what’s on the inside didn’t get hurt. So, cars aren’t necessarily meant to protect you from injuries on the inside.
You can still get shaken around and hurt quite a bit even if your bumper’s just got a dent in it. Another thing that can affect the value of your settlement is what kind of insurance the other person had. For example, suppose the other person only had the minimum limits of $25,000 per person, and you’ve got $50,000 in coverage. In that case, you are still only going to get the maximum of $25,000 on that person’s insurance. So, that’s when we start looking at other sources, like your underinsured coverage that will kick in extra benefits that will help compensate you fully for your loss.
Some insurance companies are just difficult to deal with. Often, the no-name insurance companies that you don’t see on TV and billboards, fly-by-night companies ensure the worst of the worst drivers and then try to delay, and deny, and defend everything. So those people, those insurance companies, sometimes we have to sue. Often, as soon as we sue, they’ll realize that we are serious, and they’ll settle shortly after that. We have so much experience in dealing with each part of your claim and each player in your claim that we are prepared to answer any questions and advise what you should do at each fork in the road.
For more information on the Demand Process In A Personal Injury Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 337-7077 today.
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