QuestionQUESTION: Hi Ernesto I just finished 6 wks of physical therapy and was cleared by my doctor as well and now I am ready to submit my bills to my insurance company my question is how do you determine a amount for my pain and suffering ? and should I try to deal with the insurance company myself because I found out that the other drivers policy limit was about $ 25,000 that's the norm here in Georgia.I think I could talk the insurance company into a decent settlement however I have heard they will take advantage of you if you let them. Should I get a atty. I was not charged or was at fault. I do not want this claim to drag on and on.
ANSWER: Mike,
I would hire an attorney - plain and simple. I know that sounds like a standard answer coming from a lawyer but... we're not all as bad as the insurance industry commercials would lead you to believe! I find that insurance carriers do not take claims from non-lawyers seriously and they almost certainly will low-ball you on their offer.
At my firm, I can even see a difference when an attorney prepares and calls on a case as opposed to a paralegal. I find that adjusters don't treat paralegals with the same respect as they do attorneys. Plus, if you choose your attorney carefully, he or she will prepare your file and present it to the carrier in the light most favorable to your case.
If you choose to do it yourself I would spend some time organizing everything and making the settlement package as professional as possible.
When I prepare a file I include:
(1) a detailed cover letter that lays out the strength of the case from a liability perspective,
(2) an overhead map view of the scene of the accident if applicable,
(3) photographs from the perspective of both the defendant and plaintiff to show what each person was looking at right before the accident,
(4) as many high quality photos of the damage and injuries as possible,
(5) a nice indexed guide to the medical records, and
(6) a closing statement that provides the reasoning behind why I'm demanding a certain amount of money.
I find that laying everything out for the adjuster with a clear concise road-map to settlement is the best way to proceed. But I still think you'll get more money in the end if you hire an attorney who knows what he's doing.
Best of luck,
-Ernest Ferraro
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QUESTION: In my case how important are police reports, and by the way when I had my accident a woman hit me in front of the police station and two police officers saw the wreck as it happened. I am thinking about going it own my own but as you stated my main strength would be that the officers saw the accident and a interesting comment stated by the other driver who struck me she was coming out of a one way street that was marked using a entrance as a exit, she was charged but her comment when asked by the police why she drove up the entrance exit was that she was just tired of F#*king driving around and took that way as a short cut. The police report was not a polite as I am the correct spelling of that word was used.
ANSWER:
The police report is THE key written element to the liability portion of your claim. Having the police officers who witnessed the accident and her statements afterward are gravy. I wouldn't worry about liability - it seems like a slam dunk for you.
I'd focus on the other 2 elements to a claim: (1) damages - proving your injuries and (2) coverage - making sure you've captured all the available insurance.
Best of Luck,
-Ernest Ferraro
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QUESTION: I do have all my bills from the doctor and physical therapy I plan to also ask for Loss of use since I been without my car since 9/21/09. My bills are total about $3,000. The other drivers policy limits are $25,000 that's about the norm in Georgia. I do not know how to figure up my pain and suffering I do not think I can get the whole 25,000 but I will try for about 10 to 12,000. I do not want to drag my claim out by going back and forth with the insurance company. I do not want to ask for a amount that will tie up the money but I do want a fair amount, I know this is not a lottery moment for me I am trying to be practical. again how do you come up with pain and suffering. is 10 to 12,000 not going to work with bills that only total the above amount and 6 weeks of therapy.
Answer
I can't really make an accurate comment on the value of your injury without looking at the whole file. There are at least a dozen other factors to consider. That having been said, if you want to receive $10-12k then you should ask for more and be prepared to move down from there. Without reviewing your file I can tell you that I think your expectations are reasonable.
Best of luck,
-Ernest Ferraro
