Basic Information on Accident Compensation Claims

Injury claims. The word makes business people, and me, shudder with nightmares of lawyers and accident compensation claims paperwork running through my head all night long. The willingness of people to sue one another has created a huge industry of compensation claims, lawsuits, adjusters, etc. Accidents happen. Injuries occur. You want to know what your rights are. What steps do you need to take to get an accident compensation claim started, and how long will it be before you collect? I'll answer these at a very basic level, so you'll be less likely to be taken advantage of by a lawyer or insurance company.

• Have an accident. Seems simple, but there are a lot of trip, slip, and fall claims made that are done for the sole purpose of getting free insurance cash. 
• Have an injury. Accidents occur without last injury. Just because you had an accident doesn't qualify you for a big payday.
• Document the situation. Where were you? What happened? What was the result?
• File your claim with the insurer of the location where you were injured.
• Be prepared for a long wait and continual negotiation to get to settlement.
  

The news is filled with ridiculous lawsuits and individuals blaming others for their own dumb actions. Example, spilling hot coffee in your lap now generates a "Caution, the beverage you are about to enjoy is hot." That warning is the direct result of an accident compensation claim, and an insurance company wanting to limit future liabilities.

Accident compensation claims normally are settled outside of a court setting. Lawsuits get filed, but only in the rarest situations do they find themselves in front of a judge. Recognize your accident compensation claim is just a negotiation, with lots of different stakeholders. Injury and its severity must be proven. Compensation is then doled out based on negligence, need, and how likely the insurer feels they could lose in court. A great example of such a compensation claim just played out in California. A woman, involved in a radio contest, died as a result of her own actions. She signed disclaimer documents before the contest began, releasing the insurance company and radio station involved from liability. The family claimed wrongful death and wanted a big settlement. The insurance company went to court. They felt they had a case for dismissal based on the woman's own signed release.

The jury disagreed and awarded the deceased family more than $16 million dollars. Even your own gross stupidity can sometimes be overlooked by a jury of your peers.

In summary, an accident compensation claim is really a negotiation between you and a number of other involved individuals. Most cases settle out of court. Most claims don't settle for millions. Your time to recover cash could be lengthy. There will likely be two or more lawyers involved on both sides of the case, arguing for a proper share of the money. Attorneys will often pitch your business on a "contingency" basis. If they don't win, they don't get paid. This sounds good, but it creates a lot of pressure on you. An attorney in this case is representing themselves as much as you. They want paid. They will often push you to settle so they can get their check. In all of these cases, you should know who gets paid first. Yep, the lawyer.