To assess injury from the accident, reach out to all your medical care providers who charged you for services as a result of the injuries sustained in the accident. Ask them to send you copies of the bills and records reflecting your treatment.
Forward all your bills and records to the insurance adjuster along with a demand letter. If the adjuster asks your doctor to verify that the bills are related to injuries sustained in the accident, request an opinion letter from your doctor to verify.
Determine the number of hours that you have lost from employment as a result of the injuries or treatment of the injuries. Calculate your lost hours multiplied by your hourly rate of pay and ask your employer to verify by way of a letter. Forward the verification document to the insurance adjuster attached to your demand letter.
There is no specific or recurring formula that determines the cash value of pain and suffering. The amount of money you are entitled to is related to the duration and severity of your injuries. Typically, longer and more expensive medical care and time away from activities indicates more serious pain, suffering and loss of enjoyment of life.
Only you know the true severity of your injury. You must negotiate a fair cash value with your adjuster. The amount should be requested in your initial demand letter. The rule of thumb is to start the negotiation with a higher demand for payment than you would be willing to accept. If the adjuster doesn’t agree, they will make a lower offer. The matter is negotiated back and forth until an agreement is made by both parties. If you are unable to settle and do not believe you have been fairly treated, you may refuse settlement and consider a legal claim.
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