10 Mistakes The Can Ruin Your Car Accident Claim

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There are many mistakes you can make to jeopardize you car accident claim. Most unsuspecting car accident victims think they are doing the right thing, when they are in fact jeopardizing the outcome of their claim.

An individual with no legal background in personal injury law may not be familiar with what to do or not to do when handling their car accident claim. If you or a loved one was seriously injured in a car accident, it is in your best interest to consult with an experienced car accident attorney to ensure that you do not make any mistakes that can ruin your claim.

The Innocent Mistakes That Can Affect Your Case

Below are 10 mistakes identified by New Jersey car accident lawyers that can play a crucial role in hurting your otherwise legitimate case.

1.      Talking about your case with other people.

2.      Providing the insurance adjuster with a recorded statement without notifying your attorney and/or having your attorney present.

3.      Missing appointments or failing to get necessary medical treatment for the injuries you have sustained.

4.      Posting on social media – Insurance adjusters will investigate your social media accounts (such as Facebook and Twitter) to look for negative things they can use to avoid liability or paying you the just compensation that you deserve.

5.      Disposing of important medical evidence, such as pill bottles, braces, prescriptions and any other items from your treating physicians.

6.      Failing to get contact information for witnesses to the scene of the accident. This is especially important if liability is not clear-cut.

1.      Failing to provide your attorney with all relevant information, whether good or bad.

2.      Talking about your case with other people, even if you think they have good intentions.

3.      Lying to the insurance adjuster – chances are, they will ultimately discover the truth.

4.      Failing to obtain an attorney soon after your accident.

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For more information or to schedule a complimentary consultation with a New Jersey car accident lawyer, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.

 

How to Calculate Pain and Suffering in a Car Accident Case

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There are two types of damages that you can claim when pursuing a car accident claim: special damages and general damages. Special damages are out of pocket expenses that must be proven with specificity and can be determined by adding your quantifiable financial losses. General damages are damages that naturally follow the liable party’s wrongful action and are not quantifiable.

One of the most common types of general damages is pain and suffering. Both insurance companies and personal injury attorneys can use various methods to calculate the value of pain and suffering.

The Multiplier Method

The multiplier method is a common approach used to evaluate pain and suffering damages. This method calculates pain and suffering damages by multiplying the actual damages (medical bills and loss of wages) by a certain number. The multiplier number commonly used is 3. However, insurance adjusters have become more reluctant to automatically concede to a multiplier of 3.

The Daily Rate Method

The daily rate is another a method used to calculate pain and suffering. This method assigns an amount of money to each day (or week) that the victim suffers from the accident-related injury. If your attorney chooses this method, he or she must be ready to articulate a valid reason for why he chose this amount of money per day.

Combination Method

The most efficient and systematic method of calculating pain and suffering is to use a combination of the multiplier and the daily rate method to get an approximate value. You will then need to adjust your expectations based on several important factors, including the extent of your injuries, how long you missed work, and whether the jury will respond to you as a witness.

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For more information or to schedule a complimentary consultation with a New Jersey car accident attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.

Factors that Affect the Value of a Personal Injury Claim

Valuing a personal injury claim is not an easy task for a personal injury attorney. However, while it may be difficult to value the claim, it is not impossible. Every case is different, but there are some common factors that can increase or decrease the value of a personal injury claim.

In order for your personal injury attorney to put a dollar value on your personal injury claim, he or she will need to consider various factors depending on the specific facts of your case.

The Common Factors That Can Affect Your Claim

Below is a list of common factors that are used to value a personal injury claim. This list can guide you and your personal injury attorney to determine how much your case is worth. Knowing the value of your claim can also give you more leverage when dealing with the insurance adjuster during negotiation.

The factors that are commonly used to value a personal injury claim are:

-          The extent of your injuries

-          Past, present and future medical expenses

-          Necessary medical treatment

-          Length of your recovery period

-          Whether you suffered permanent injuries (such as a scar or loss of mobility)

-          Physical or emotional distress resulting from the injury

-          Loss of consortium

-          Daily life disruptions (such as missed vacation or recreation or the inability to take care of your household)

While these factors are not a definitive in determining how much your personal injury claim is worth, they are a good place to start when trying to put a dollar value on your claim. Your personal injury lawyer will need to assess the specific facts of your case to properly determine the value of your claim.

Call Us

For more information or to schedule a complimentary consultation with a New Jersey personal injury attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.