Index
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Sponsor
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Attorneys
at Law
LEADING BRAIN INJURY LAW
FIRM
RESULTS OF PROVEN TECHNIQUE,
DEDICATION AND HARD WORK
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Sponsor
Centers for
TBI Rehab
800-296-5462 |
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Phil Wakefield,
Lawyer
877-DUI-0808 |
Criminal Defense - Alcohol
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 9/11/01
| What is my
claim worth? |
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Even a minor brain injury can result in serious,
lifelong impairments.
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Frequently, recovery from brain injury involves
the need for expensive
and extensive medical rehabilitation,
and support services.
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Many such services are available to the injured
persons and their families.
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The considerable
financial
demands that result from a brain injury requires that all possible financial
resources be vigorously pursued.
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While no amount of money can replace serious loss
of function; full and fair compensation can ease the pain of living with
such impairments.
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| Insufficiency: |
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The problem in most personal injury cases involving
brain injury will be finding enough insurance to fully compensate for the
loss.
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The cost of even moderate medical bills and time
loss from work can be several times the average person's auto insurance
limits.
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| Available Resources: |
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The experienced attorney will look at several different
sources to maximize the available compensation.
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When more than one insurance policy is in place,
a skillful attorney can to do what is called "stacking."
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Sometimes, underinsured motorist coverage may be
drawn upon.
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Often times, the identification of available resources
becomes a matter for expert eyes.
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It involves looking past the obvious wrongdoers
to see if any other hidden wrongdoer's policy can be tapped to cover losses
in the accident.
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| Settling Short: |
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A critical mistake in many personal injury cases
involves inadequate settlements.
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This usually happens when an insurance adjuster
convinces the injured party, or his family, to settle for a relatively
small sum, before the full extent of injury or entitlement is clear.
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In the rush to move beyond a painful and unpleasant
event, such as a car crash, many individuals eagerly accept a settlement
that is woefully inadequate.
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They wrongfully believe that much of the distress
that they feel is due to the disruption and irritation of the injury claim.
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Only, after it is too late do they realize just
how serious their injuries really were.
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| Don't Sign
or Say Anything Until... |
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If your "friendly" insurance adjuster is
on the scene early on don't sign or say anything until after you've consulted
a knowledgeable attorney.
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A seemingly generous offer to pay all medical
bills can be disarming. Don't sign anything until you've discussed
it with your attorney.
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When faced with the prospect of unexpected medical
bills, the promise to pay all the bills might sound wonderful.
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Regardless of how much they try to endear themselves
to you, the "friendly" insurance adjuster is not your friend.
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He or she is not offering to pay medical
bills out of the goodness of his heart, but to avoid paying substantially
more.
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The insurance adjuster's job is to pay as little
as he can.
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An early offer to pay bills is tantamount to an
admission that they realize they are responsible to pay far more.
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| What's my Claim
Worth? |
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Even a minor head injury case can bring a settlement
of $100,000 or more.
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Whereas, a more severe head injury case might be
worth many millions of dollars.
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Typically, the intervention of a skilled attorney
is required to get the settlement that such injuries deserve.
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Another element used to determine what your claim
is worth depends on how much the insurance company thinks a jury would
think your claim is worth if it wound up in court.
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In measuring its chances in court, the insurance
company has to figure in the cost of putting up a legal fight, on top of
what a jury might award you, compared to the amount that your claim could
be settled for without going to court.
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| What an insurance
Company Must Cover? |
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The value of your claim is determined the predetermined factors that include
the following:.
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Usually, a person who is liable for an accident -- and therefore his or
her liability insurance company -- must pay an injured person for:
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Medical care and related expenses
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Income lost because of the accident, because of time spent unable to work
or undergoing treatment for injuries
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Permanent physical disability or disfigurement
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Loss of family, social and educational experiences, including missed school
or training, vacation or recreation, or a special event.
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Emotional damages, such as stress, embarrassment, depression or strains
on family relationships -- for example, the inability to take care of children,
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Anxiety over the effects of an accident on an unborn child,
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Interference with sexual relations, and damaged property.
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| Whose at fault?: |
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Determining fault for an accident is not an exact science.
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If, the accident was partly your fault, the amount your claim is worth
would be reduced by the degree you were to blame -- expressed in a "percentage"
of fault.
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So, if you were 25% at fault for the accident, your claim would be reduced
by 25% .
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If it appeared that you were mostly at fault, the value of your claim would
be greatly reduced, perhaps to nothing.
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But more likely, you could get a very small amount, referred to as "nuisance
value."
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READ our
Disclaimer
and Privacy notice before proceeding!
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This
site was created and maintained by:
Brain
Injury Resource Center
PO Box 84151
Seattle, WA 98124-5451
206-621-8558
http://www.headinjury.org
brain@headinjury.org |
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