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Were you injured due to another party’s negligence and you’d like to be compensated for the damages?
If you have clear evidence of the other party’s liability and they have insurance, you can file a third-party insurance claim to obtain financial compensation for your personal injuries.
Maybe you have a dash cam on your car that clearly shows another driver was at-fault for a car accident that caused you injuries and damages. Or you have photos of a hazard on another owner’s property that caused you to slip and fall and get injured. There are many ways a person can be injured due to the carelessness of another party, and in many circumstances, that party probably has insurance to protect themselves.
When you file a third-party claim with their insurance company, there are certain steps you should take to maximize the compensation you will receive.
1. Consult with an attorney who has personal injury experience. You may not even be aware of certain damages you may be entitled to. They also have more experience negotiating with insurance companies to obtain maximum compensation. Without an attorney, an insurance company may try to low-ball you an offer and they may try to avoid paying you right away.
2. Collect all your evidence. Show the insurance companies that you have an airtight case by providing them a copy with video or photographs. Keep witness contact information handy in case you need to take the insurance company to court. Also keep meticulous details of the accident including dates, times, weather conditions, accident details, and witness contact information.
3. Document all losses. Keep copies of all medical records, office visits, medication costs, physical therapy fees, medical equipment, hospital bills, expected future medical costs, lost income and wages, time taken off work, missed promotions, lost future earning potential, lost caregiving capacity, lost parenting assistance, and more. Additionally, insurance companies should calculate in pain and suffering when offering compensation.
4. How do insurance companies calculated pain and suffering? There’s no real formula. Each company likely has their own method for calculating pain and suffering. It likely depends on the severity of the accident and injuries. For instance, you’ll likely see more compensation for pain in suffering if the injuries you suffered resulted in requiring surgery as opposed to simply requiring a chiropractor. If you do not believe that the compensation offered by the insurance company adequately reflects the pain and suffering you experienced an attorney can help you fight for what you deserve.
5. Proving pain and suffering. A few ways a victim can show that they experienced significant pain and suffering is by keeping a diary that shows the emotional state of the victim. They can show photographs that reveal emotionally difficult situations such as bodily disfigurement and scars. They can provide records of having to see a therapist or psychiatrist for insomnia, depression, panic attacks, or anxiety. And in the case of a wrongful death, loss of a loved one may entitle spouses or children to more compensation for pain and suffering.
In conclusion, keeping adequate records and speaking to a personal injury lawyer can be key to negotiating fair compensation with an insurance company for personal injuries. It’s difficult to know what is a fair amount of compensation. Consulting a personal injury attorney at the very least can help a victim get a better idea of what other similar cases won in terms of damages.
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