| A San Juan Capistrano, Personal Injury Attorney's | | | | comes from an injury that causes pain. Report ALL |
| Advice: | | | | of your pain to your doctor. The second type of |
| All insurance companies have different methods for | | | | injury is one that causes functional loss. That means |
| placing a value on your claim, but there are a few | | | | any condition after an accident that limits your normal |
| factors that are constants in every case. The | | | | functioning level in daily activities at home, at work |
| insurance company will be looking at any property | | | | and at play. For example, if you can't turn your neck |
| that was damaged, physical and or emotional damage | | | | fully after an accident, then that is a limiting function |
| to you, both long and short term, medical bills, and | | | | that should be reported to your doctor. |
| other damages. | | | | Remember, it is in the insurance company's best |
| In an auto accident, the current value or selling price | | | | interest to set a lower value on your claim than you |
| of a car comparable to yours is the biggest part of | | | | will want, since they want to limit the amount they |
| this puzzle. Rarely will compensation be larger than | | | | have to pay out. It will be up to you (or your |
| the asking price of a car similar to yours. Age, | | | | attorney) to build the case for your claim to be a |
| condition and mileage of the car factor into the | | | | higher value. |
| current selling price of that car. | | | | They key to building your case will be careful |
| If you are quoted a price for your car that you do | | | | documentation of everything involved in your case. |
| not agree with, you should contact the claims | | | | Keep diligent records of every expense, every |
| adjuster. If you have done specialty work to the car, | | | | doctor's visit, every loss you feel you have suffered |
| or have added a large value of accessories, such as | | | | due to the accident. The more organized and |
| custom paint, stereo equipment, etc. be ready to | | | | prepared you are, the less "wiggle" room an insurance |
| provide receipts for the money you spent on those | | | | company will have in negotiating your settlement. For |
| accessories. It is also a good idea if you do heavily | | | | example if your case is based on your memory |
| accessorize your car that you photograph the | | | | alone, or just verbal statements of losses, you case |
| accessories and include them on your auto insurance. | | | | may have much less value, than if you had organized |
| Medical bills, if applicable, are factored in separately. | | | | receipts, photographs, witnesses' statements, etc. |
| These are usually ranked in severity and long term, | | | | The negotiation process can be very stressful and |
| lasting effects. For example, trips to the ER would | | | | confusing if you are not used to dealing with these |
| pay higher than regularly scheduled doctor visits. | | | | types of situation. Remember, to, that the insurance |
| Likewise, an injury that took or will take a long time | | | | companies have people on staff who's job it is to be |
| to heal is more "valuable" than an injury in which the | | | | the best at lower the exposure (financial losses) to |
| victim recovers quickly. | | | | the insurance company - they are NOT in business to |
| It is very important that the doctors are told every | | | | be sympathetic to you or your situation. It is strongly |
| detail about ALL injuries that may have been caused | | | | recommended that you hire an attorney who |
| in the accident. The value of a case increases when | | | | specializes in personal injury cases. |
| the doctor assigns more than one injury code to a | | | | It is both an art and a skill in successfully negotiating |
| patient at the time of the first examination. These | | | | a personal injury settlement with an insurance |
| injury codes MUST be in the doctors chart notes. | | | | company. Unless you have the experience and |
| They will not get into the chart notes unless you, the | | | | knowledge of the laws of your state regarding your |
| injured party, tell the doctor what your complaints | | | | case, you will find that you may settle for a lot less |
| are. | | | | than you deserve if you try to represent yourself. |
| There are two types of injuries. The first category | | | | |