Elements of Negligence in a Personal Injury Insurance Claim...

It's important to know the elements of negligence and legal terms associated with personal injury insurance claims. These basics will shed some light on the process and help you earn the respect of the claim adjuster.

The process of filing your personal injury claim starts the instant the accident happens.

If you're reading this for the sake of being prepared for the worst you're one step ahead of most people. If you're reading this after you've been involved in a car accident (or have been injured in some other way) then you might have some backtracking to do.

The first stage of the process of proving negligence is gathering information - and a lot of it. This includes police reports, car accident photos, injury photos, medical records, witness statements, etc. The information you gather should help you confirm all the elements of negligence.

Sometimes this information-gathering work isn't possible because your injuries are too severe for you to start playing detective. In these cases you should hire a personal injury lawyer who will collect the evidence and make the case for you.

So, what is negligence?

If you want to win a personal injury settlement, you have to prove the following elements of negligence:

The first formal step in filing your personal injury insurance claim is notifying your own insurance company. This is an obligation you have to fulfill within the first few days following your accident.

You'll also want to notify the defendant's insurance company to let them know that the accident happened. These are letters that, in legal terms, give notice of injury.

It's important to realize that these letters are only notifications, they do not mean you have to follow through with seeking a personal injury settlement. They simply guarantee that everyone who should know about the situation does (and can't say later on that they were left in the dark).

Later when you know the full extent of the costs you've incurred, which in legal terms are referred to as damages, you'll write a demand letter.

The personal injury demand letter is just what it sounds like - a letter demanding compensation for your injuries. It will go out to the insurance company you're filing your personal injury claim against.

It's possible for your claim to end right there. The insurance company can agree to your demand and offer you a settlement which you accept.

More likely though there will be some more dialogue and letter writing in which you have to present your evidence, witness statements and establish that the party you are filing against has breached their duty of care.

You'll also have to confirm all of your claimed damages with documentation. This may include doctor's bills and a letter from your Human Resources department confirming the time you missed work due to your injuries.

When all this is finished (a long journey you'll have to be patient for) you will receive an offer you agree with. If not you'll be filing a formal lawsuit.

To accept a fair personal injury settlement offer you'll have to sign a form, known in legal terms as a "release".

There are more details to the elements of negligence we'll explore in depth on other pages of this website, but in essence that's all there is:

• notice of injury
• demand letter
• presentation of evidence and documentation
• negotiations
• acceptance and signing a release

Of course the last step doesn't always come so easily and you may have to take a few detours. This could mean (more legal terms): lawsuits, litigation, mediation or arbitration.

Knowing the elements of negligence cases helps you understand the process of obtaining your settlement and tells the insurance claim adjuster that you understand how the game works - and that puts you in a stronger position when it comes to negotiating.