Auto Insurance Claims: Personal Injury Demand Letter, claims advice, claim denied


Question
I am preparing a demand letter for injuries from an auto accident 2 years ago in SC. My daughter was injured in her shoulder, just had her second surgery and looks like she will finally be able to use her arm. There are no lost wages to ask for as she is a FT student. In deciding on an amount for settlement do I look at the amount billed or the amount paid by my health insurance company? Allstate has not paid any medical bills and BCBS will subrogate for claims paid. I will be asking for pain and suffering and loss of enjoyment. She missed her high school graduation trip due to first surgery, has been in constant pain since the accident, has been unable to train and show her young horse, has scars from surgery and spent 2-3 days a week in PT her first semester in college. Other driver was 100% at fault. Is there any thing I am missing that should be included in letter? Thanks for any advice.

Answer
 Hello Janet,

You need a personal injury attorney to represent your daughter.  While I understand that the attorney would be entitled to about 30% of your settlement, the fact is, trying to do it alone will almost certainly result in a much smaller offer. Unfortunately, insurance companies take attorney represented demands much more seriously because there is the possibility of a suit.

In my opinion, you are doing yourself an injustice to attempt to do this on your own, especially in view of the apparent permanent and serious injuries.

I would suggest you do some research into reputable personal injury attorneys in your area.  Find some names - perhaps even from a bar referral, and check bar records online.  I urge you do this very soon.

Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com