Guidelines for settling your own personal injury claim l Seattle Accident Attorney

Not every accident case or personal injury claim needs a lawyer.  If the claim is small, then you may be able to settle your claim on your own. 

There are no hard and fast rules to tell you whether the claim is small.  Generally, a small claim is one where (1) the accident is minor or the property damage is small or insignificant, (2) the injuries are minor and/or they are not considered permanent, (3) the medical treatment lasts no longer than a few months, and (4) the medical bills do not exceed a few thousand dollars.  If one or more of these factors exist then there’s a good chance the claim is small enough to settle on your own.

WARNING: By settling the case on your own, you accept the risk that you may make a mistake that could irreparably damage the value of  your claim.  Some mistakes cannot be “undone” so getting a lawyer involved after the fact may be of little benefit.  You must know that there are many cases that should involve an attorney, particularly if the accident was severe, the injuries are permanent and/or significant, and the special damages (or medical bills and lost wages) are many thousands of dollars.  Many people don’t want to hire a lawyer so they can “save money.”  But the money that is lost due to a mistake made during the claims process could be much more significant than the expense of hiring an attorney.  You should first seriously consider the risk of settling your own claim before proceeding in this way.

Here are some general guidelines for those people who have a small personal injury claim and wish to settle the case on their own:

1. Collect all evidence to support your claim.  This may include the police report, photographs of the vehicle(s), paystubs, tax returns, medical records and bills, property damage estimates, witness statements, etc.  The insurance company relies on documentation to support the claim.  If you don’t have documentation to support your claim or some of the damages being requested, the insurance adjuster will refuse to consider it.
2. Communicate in writing with the insurance company.  You should keep track of your communications with the adjuster in writing.  Be brief and to the point.  Refrain from talking about the merits of your claim until you are ready to settle.  Written communication leaves a paper trail that may be beneficial to you if there’s a dispute about was said or not said.
3. Focus on your medical treatment.  If you’re hurt, get medical treatment.  Do not skimp, or miss appointments.  Do not try to settle the claim until your medical treatment has concluded.  Do not discuss your medical treatment with the adjuster.  He or she will receive your medical records soon enough.
4. Prepare a thorough settlement demand package.  See No. 1.  With your documentation, you must provide a comprehensive settlement demand package which includes copies of all items that support your claim for damages.  This includes your medical records and bills, collision report, property damage estimates, photographs (of injuries and/or vehicles), wage loss documentation (paystubs and/or tax returns), witness statements, etc.  If you are claiming other expenses, then you should provide receipts or other written documentation to prove that these expenses or costs or damages have been incurred.  Your settlement demand should contain a brief description of the accident, and why the other party was negligent or at fault.  Your damages should be itemized and explained.  If you are claiming general damages, or pain and suffering, then you should describe the facts and circumstances to support this part of the claim.  Statements from family members and other people familiar with your life and the way your injuries have affected you can be persuasive.
5. Be prepared to negotiate.  Settling a personal injury claim takes skilled negotiation.  It is not unlike the process of buying a car because typically there is back and forth negotiation about the value of the claim and how much of a settlement you’re prepared to accept and how much the carrier is prepared to pay.  If your settlement demand package is thorough, well-organized, and amply supported by pieces of documentation, then you will have enough leverage to negotiate a favorable recovery.

Remember, not every case needs a lawyer.  Usually the very small personal injury claims can be resolved without the assistance of a lawyer.  If you don’t know whether your case is small or large, than by all means speak to a reputable personal injury lawyer.  Most lawyers or their staff in this field will at least speak to you over the phone and advise you whether you can benefit from the assistance of attorney or not. 

Good luck.