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Accident Settlements: How to Get
Compensation for Your Injuries
You get hurt, you ask for some money, you get your
money. It would be nice if accident settlements were this easy.
Unfortunately there's often more to the process.
Arriving at a
fair personal injury settlement agreement with the insurance adjuster
can be
complicated, stressful and drawn out.
But sometimes negligence
cases are simple and
straightforward.
Many people handle their accident settlements
successfully without hiring a lawyer.
Negligence
- conduct that falls short of what a reasonable person would do to
protect another person from foreseeable risks of harm.
Here are two
reasons why you would choose to represent yourself:
1)
It simply might not be financially worth it to hire a lawyer. The
percentage your lawyer will take from the final settlement may leave
you with less than if you did it yourself.
(Example:
You handle the
case yourself and get a $5,000 settlement offer, but decide it isn't
enough and hire a lawyer who gets you a $6,500 offer. Is this better?
Not
if your lawyer takes the standard 33% fee, leaving you with $4,350 -
not to mention his costs, which are taken off the top.)
2)
Many personal injury cases are straightforward. If the
defendant is clearly at fault and your damages are detailed accurately,
you shouldn't have a problem getting a fair settlement offer.
You can
elect to hire a lawyer at any time (before
you sign the release of course).
Click here for the kinds of
personal injury negligence cases you can handle on your own, and those
you'll need an attorney for.
Take a minute to read the pages in this introductory section and you'll
gain a heap of valuable
knowledge about accident settlements.
Learn what to do immediately following your injury, if you
should make a claim or file suit, when to get a lawyer, the in's and
out's of negotiating, and a few other juicy tidbits.
(Note:
Common personal
injuries can be the result of car accidents, medical malpractice, slip
and falls, defective products, etc. This intro section is a
general overview and will help you understand the legal process
regardless of your particular injury.)
What to Do
Immediately After the Accident:
The first thing that happens in any personal injury case is, obviously,
someone gets injured. Click
here to learn what to do, and how to help your negligence case, after
suffering an injury. The steps taken immediately following an
injury often determine the success or failure of accident
settlements.
Is your Tort Case a Claim or
Lawsuit?
What is the difference between a personal injury claim and a personal
injury lawsuit? This page gives a quick overview of both and helps you
determine what your tort case will be (claim or lawsuit).
Tort -
a civil wrong, or the area of law involving civil wrongs (Tort Law). Anyone
who suffers damages can use tort law to get compensation from the
person or entity who's legally responsible, or "liable," for their
injuries.
Understanding Injury Attorneys
Professional negligence lawyers bring a lot to the table. It's always a
good idea to get the point-of-view of a good injury attorney, most
offer an initial consultation free of charge.
Introduction to
Negotiation Strategies
All accident settlements involve negotiations. Read through this
page to get a quick introduction to personal injury negotiations: how
to value your injuries, how to deal with insurance claim adjusters, etc.
After
You've Reached a Personal Injury Settlement Agreement...
When the negotiations are over, and you (or your lawyer) receive a fair
personal injury settlement
offer, then it's time to settle. You'll send a letter of confirmation
to the
insurance company stating the final amount agreed upon and the date by
which you expect to receive your check.
Once you receive payment you'll have to sign a release form for the
insurance company. The
Release Form essentially states that you can no longer
pursue the insurance
company or defendant for any damages no matter what!
(Note: Never
ever
sign a release until you've thoroughly researched
your case and consulted a lawyer. The last thing you want is to sign a
release prematurely and receive much less than your injuries are worth.
After you sign there's nothing you can do to change it.)
If you've hired a lawyer he will subtract any
costs right off the top then take his fee from the remaining accident
settlement amount. You'll get what's left.
Return
from Accident Settlements to Personal
Injury Settlement Guide
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