nothing that has a greater impact on evaluating a personal injury
insurance claim than the damage done to your body, the medical
bills that are a direct result of that injury, and the pain
and suffering you were forced to deal with.
bruising and/or breaking up your body, what else does the injury mean to you?
It often means a ton of financial expenses, including repairing your car, lost
wages, a shock to your lifestyle, a tremendous inconvenience, short or long periods
of pain and discomfort — all of it directly resulting from your injuries.
there's a long list of possible medical expenses. For example:
doctor/chiropractor, prescription drug bills, ambulance, emergency
room care, hospital or clinic, specialist and/or dentist, laboratory
fees and services, diagnostic tests, X-rays and (CT) scan, prosthetic
appliances or surgical apparatus (canes and crutches), physical
therapy, registered and/or practical nurse fees, gauze and tape,
Ace bandages — all of which the insurance company is legally
obligated to pay.
creams, lotions, ointments, balms and salves, etc. Should the loving man in your
life apply any of these to your aching body, I'm sorry to tell you, his labor
is not an expense you can claim.
MUST BE COMPENSATED BY THE INSURANCE COMPANY FOR ALL OF THE ABOVE: It's true that
a very small percentage of auto accidents cause big, serious injuries but that
doesn't mean you shouldn't be paid big, serious dollars!
BY THE INSURANCE COMPANY DOCTOR: The Claims Adjuster Henry Hearty of the Rock
Solid Insurance Corporation will usually insist he wants you to be examined by
the local physician of his choice. Beware of such a request. Doctors assigned
by the insurance company are prone to state, in the medical report they execute,
"there is no objective basis" for your complaints.
don't have to agree to be examined. The insurance company cannot insist that you
visit its local doctor. So, hold your ground until your attending physician has
released you. After that it's okay because by then it's too late! So much time
will have passed it will be impossible for Rock Solid's doctor to minimize the
pain, discomfort and suffering your injury has caused you.
WHAT TO DO ABOUT YOUR LOSES AND BILLS IF YOU OBTAIN LEGAL HELP FROM AN ATTORNEY: Should yours be a case in which it's clear you're not at fault, make it clear to the lawyer you've hired that you expect his/her contingency fee will not apply to that which they recover for the damage to your car, your medical bills, and/or your payment for lost wages. These are damages you would have collected ANYWAY — whether he/she were handling the case for you or if you settled it yourself.
YOUR BODILY INJURIES: It's a proven fact that the vast majority of motor accidents cause minor injuries. While bodily injury pain can be specifically measured the limits of what one can endure cannot. Each of us has a different "pain threshold" — that is, the point at which we begin to feel physical pain. The amount and quality of pain you feel is not strictly dependent on the bodily injury inflicted. It has a lot to do with your previous experience, how well you remember it, and your ability to understand what caused you that pain, and its consequences, the last time around.
Stress and strain magnify physical pain plus personal anxiety will greatly increase it. There are also emotional reactions to the injury. A bodily injury is bound to cause some degree of mental distress. The duration and severity depends on a number of factors: The type of individual you are, the ultimate consequences of the injury you sustained, and the life stresses or strengths you're experiencing at the time of your injury.
When it comes to muscle injuries one thing you must keep in mind is that when one part of the body demands rest (by sending out a pain signal) and — without your even realizing it — you help your body by placing a new burden on other muscles. It gets complicated because although those muscles may not have been directly injured in the accident, they can still produce a lot of pain because of their new roles.
DISCLAIMER: The only purpose of this claim tip is to help our readers understand the motor vehicle motor vehicle accident claim process. Neither Dan Baldyga nor ROAD & TRAVEL Magazine make any guarantee of any kind whatsoever; NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Where such professional help is desired it is the INDIVIDUALS RESPONSIBILITY to obtain said services.
Dan Baldyga is a former insurance adjuster, supervisor, manager and trial assistant who is now retired. He has written three "How To" insurance claim books. His latest, "Auto Accident Personal Injury Insurance Claim (How To Evaluate And Settle Your Loss)" contains BASE, The Baldyga Auto Accident Settlement Evaluation Formula. The BASE Formula helps one to place an accurate value on their "pain and suffering". This book (plus how to contact Dan in person) can be found at Auto Accident Claims or your favorite bookstore. Copyright (c) 2002 by Daniel G. Baldyga. All Rights Reserved.