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By Rex Bush
If you absolutely cannot get a lawyer but you honestly believe you have a valid personal injury claim then you have only one choice: you’ve got to go it alone.
Now, I don’t recommend you attempt a bodily injury claim settlement on your own if you can get a lawyer. Based on numerous studies, you’re likely to get more money in your pocket after paying your lawyer, than if you represent yourself.
Just like any specialized area: there are pitfalls. (And you don’t want to fall in a pit. After all, you’re still recovering from your accident injuries. Why aggravate them?)
However, if your case has been rejected by countless lawyers (or, you just can’t stand the thought of a wealthy lawyer becoming more wealthy from your case) then you’ve got to go it alone.
To prepare an personal injury settlement claim letter follow this format:
Step One: Make sure all your injuries are properly identified, diagnosed by a physician qualified to make the diagnosis, and treated as recommended by your primary physician or specialist.
Step Two: Assemble medical records from all your doctors, hospitals, clinics etc.
Step Three: Make sure you get a copy of every single medical bill.
Step Four: Obtain a copy of the traffic accident report.
Step Five: Do some research. Find out what your case is worth. It’s worth paying for this advice. Hire an experienced lawyer for an hour to get his valuation.
Step Six: Do a thorough summation of the income you did not receive because of the accident. Get a letter from your human resources department stating how much you earned per hour and how many hours you missed.
And be sure you have a “work release” from your treating physician.
Step Seven: Pictures are awesome. They are still worth one thousand words even in this digital era. So if you have pictures of your badly damaged car or your badly damaged body, round them up.
Step Eight: Write a careful, well written cover letter that summarizes the information you gathered in the preceding steps.
Step Nine: At the end of this letter you will have to name a number. Basic negotiating texts suggest “always ask for more than you expect to get.” You can always come down, but once you start to low it is very hard to move back up.
Take all the materials, put your cover letter on it and mail it to the claims adjuster. But first make a copy for yourself.
Now you are in the negotiating stage. Give the adjuster a week and call. Did she get the materials? How long does she need to review them and make you an offer? Calendar that date. Follow up.
Once you get an offer you can assess it in light of the valuation research you did earlier.
If it is too low, it is time again to consider hiring a lawyer.
If this is an uninsured motorist claim, you have arbitration rights under your policy. However, an arbitration is much like a mini-trial and unless you have a penchant for representing yourself it will be less stressful and likely, more profitable, to have someone on your side.
Disclaimer: The foregoing principles are based on my experience with Utah law and may not apply to the state in which you live. Please obtain your own qualified counsel from an experienced attorney or from up-to-date law books in your state of residence.
About the Author: Rex Bush is founder of Bush Law Firm near Salt Lake City, Utah where he handles personal injury cases in Utah and throughout the United States and Canada. For information on personal injury issues visit his website:
Utah Personal Injury Attorney
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