Image Licensing Protections: An Introduction

Don't Settle for Less: Personal Injury and Negotiating Your Way to Success

3 November 2016

Judy Alexander

If you have been injured in an automobile accident that was not your fault, you probably already know that the other guy's insurance company should foot the bill for your car repair or replacement, your medical bills, and more. The total compensation package available to accident victims is known as the "settlement," and the amount offered to you depends on some surprising factors. To learn more about what you can expect from a personal injury settlement, read on.

Insurance has its limits

The simplest way to deal with a car wreck injury is to allow the insurance companies to hash it out. If you go that route, you will likely get your car and medical bills taken care of, but not much else. The plain truth is that, unless you file a personal injury case against the at-fault driver, you won't be able to get your lost wages or any compensation for your pain and suffering. Before you do file that suit, however, you have one vital means of getting the compensation that you need and deserve: the demand letter.

The Demand Letter

This letter lets the other side (or, at least their insurance company) know, in no uncertain terms, that you expect to be compensated for your damages as a result of the accident. Don't be misled into thinking that the demand letter is just another legal maneuver or more paperwork to process; if done properly, it can have an amazing effect on your claim and result in an offer to settle the case outside of court. The demand letter contains nearly every aspect of a court case that the other side would face if they allow it to come to trial, such as:

• Why you believe the other driver is at fault.
• How much you have accrued in medical expenses (even if you have not actually had to pay anything out-of-pocket, this amount is very significant in a settlement calculation).
• The extent of your medical treatments, such as surgeries and hospitalizations.
• How the accident has affected the lives of you and your family.
• The dollar amount of your lost wages.
• A summary of evidence that will be brought to bear if the case goes to trial, such as videos, photos, police and accident reports, traffic citations, witness testimony and more.
• Finally, the amount you are "demanding" at this time to avoid going to court. No one really wants to go to court, since it costs money and takes time.

To learn more about getting compensated for your injuries, contact a personal injury attorney like Scherline And Associates.

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