How to Win Your Personal Injury Claim

By Joseph L. Matthews, Nolo Press

Venue:

Description:

“Armed with the right information, anyone can handle a personal injury claim without a lawyer.”

“Attorney Joseph Matthews provides strategies for handling every stage of the insurance claim process & shows readers how to:

• Protect their rights after an accident
• Evaluate what a claim is worth
• Handle a property damage claim
• Avoid a property damage claim
• Avoid insurance company run-arounds
• Obtain a full & fair settlement
• Save the money they would have paid an attorney

Table of Contents

Introduction: Who Can Use This Book?

• A. What Kinds of Claims Can You Handle Yourself?
• B. How to Use This Book

1. Handling Your Personal Injury Claim

• A. Why You Often Can Handle Your Own Claim
• B. When You Might Need a Lawyer

2. Whose Fault Is It? How Legal Responsibility Is Determined

• A. Basic Rules of Legal Responsibility
• B. Liability in Specific Types of Accidents

3. Initial Steps in Settling Your Claim

• A. The First 72 Hours: Protecting Your Rights
• B. Getting a Claim Started
• C. Special Rules for Accidents Involving the Government

4. Understanding Insurance Coverage

• A. Motor Vehicle Insurance
• B. Nonvehicle Liability Insurance
• C. Your Own Health Coverage and Accident Claims
• D. No-Fault Laws: State Summaries

5. How Much Is Your Claim for Injuries Worth?

• A. The Damages Formula
• B. How Injuries Affect Compensation
• C. Demonstrating Pain and Suffering
• D. Lost Income
• E. Property Damage
• F. Arriving at a Final Compensation Value
• G. Examples of How Much Different Claims Are Worth

6. Processing Your Claim

• A. Collecting Information
• B. Preparing a Demand Letter
• C. Sample Demand Letters

7. Property Damage Claims

• A. What Type of Claim to File
• B. Amount of Compensation
• C. Processing Your Claim
• D. Negotiating a Settlement Amount

8. Negotiating a Settlement

• A. Adjusters: Who They Are and How They Work
• B. How the Negotiation Process Works
• C. What to Do When You Can't Get a Settlement
• D. State Departments of Insurance
• E. State Statutes of Limitations

9. Finalizing Your Settlement

• A. Confirming the Offer and Acceptance
• B. Formal Settlement Document
• C. What to Do If the Check Doesn't Arrive
• D. Liens on Your Settlement Money
• E. Taxes on Your Settlement Money

10. The Last Resorts: Lawyers, Arbitration, and Courts

• A. Small Claims Court
• B. Arbitration

11. Working With a Lawyer

• A. Reasons to Use a Lawyer
• B. Finding the Right Lawyer
• C. Paying the Lawyer
• D. Managing Your Lawyer
• E. Trial

Appendix

Accident Claim Worksheet

Index