Your right to be fairly and reasonably compensated usually depends on the quality of your injury, the affect of your injuries upon your daily activities, and a legal determination of liability. It is the Firm's position that the quality of the presentation to the insurance company does have an effect upon the valuation of the claim placed by the insurance company. A complete submission of all medical records and bills, medical opinions, if appropriate, regarding future costs of care, lost wages and earning capacity are submitted so that the adjuster has sufficient information to appreciate and understand the value we place on the claim.
Initial negotiations with an insurance company take place in letters and on the phone with an insurance adjuster. With a good presentation, most claims will be settled at this level. Sometimes, however, a lawsuit must be filed when the insurance company does not make a fair and reasonable offer of settlement.
In general, an injured person can be reimbursed for the following if there is a showing that they were incurred as a result of the accident and the is evidence of liability: medical care, lost income, temporary and permanent pain and other physical discomfort, property damage, loss of use of the vehicle, and loss of family, social and educational experiences.
Several factors will have an effect upon the valuation placed by the insurance company. These factors include: more painful, serious or long-lasting injuries; more invasive or long-lasting medical treatment; clearer medical evidence of extent of injuries; and more obvious evidence of the other person's fault, and less of your fault.
Remember, insurance companies employ trained professionals to handle insurance claims. It may be to your advantage to speak with an attorney first to determine if you should let the insurance company have a tape recorded statement of how the accident happened, your social security number, or a release, allowing access to your medical and work records.
Mr. Santos recommends that before you talk to anyone who represents the person or entity that harmed you or your family, you call an attorney to obtain specific legal advice as to your specific situation. Protecting your rights is the goal. If you have been injured, feel free to call Mr. Santos at (775) 323-5200 to speak with him directly.
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