How to Win Your Personal Injury Claim

by Matthews, Joseph

• ISBN13: 9781413305197
• ISBN10: 1413305199
• Edition: 6th
• Format: Paperback
• Copyright: 2006-10-30
• Publisher: Nolo

Summary

Everything you need to handle a personal property or injury claim yourself.

Author Biography

Joseph Matthews has been an attorney since 1971, and from 1975 to 1977 he taught at the law school of the University of California, Berkeley. He has for many years been involved in matters relating to seniors, and is the author of Social Security, Medicare & Pensions and Long-Term Care. He lives in San Francisco, CA.

Table of Contents

Introduction: Who Can Use This Book?
What Kinds of Claims Can You Handle Yourself?	2	(1)
How to Use This Book	3	(3)
Handling Your Personal Injury Claim
Why You Often Can Handle Your Own Claim	6	(2)
When You Might Need a Lawyer	8	(6)
Whose Fault Is It? How Legal Responsibility Is Determined
Basic Rules of Legal Responsibility	14	(7)
Liability in Specific Types of Accidents	21	(29)
Initial Steps in Settling Your Claim
The First 72 Hours: Protecting Your Rights	50	(8)
Getting a Claim Started	58	(10)
Special Rules for Accidents Involving the Government	68	(12)
Understanding Insurance Coverage
Motor Vehicle Insurance	80	(15)
Nonvehicle Liability Insurance	95	(4)
Your Own Health Coverage and Accident Claims	99	(1)
No-Fault Laws: State Summaries	100	(7)
How Much Is Your Claim for Injuries Worth?
The Damages Formula	107	(2)
How Injuries Affect Compensation	109	(5)
Demonstrating Pain and Suffering	114	(6)
Lost Income	120	(1)
Property Damage	120	(1)
Arriving at a Final Compensation Value	121	(3)
Examples of How Much Different Claims Are Worth	124	(8)
Processing Your Claim
Collecting Information	132	(12)
Preparing a Demand Letter	144	(7)
Sample Demand Letters	151	(21)
Property Damage Claims
What Type of Claim to File	172	(4)
Amount of Compensation	176	(1)
Processing Your Claim	177	(3)
Negotiating a Settlement Amount	180	(8)
Negotiating a Settlement
Adjusters: Who They Are and How They Work	188	(2)
How the Negotiation Process Works	190	(16)
What to Do When You Can't Get a Settlement	206	(12)
State Statutes of Limitations	218	(4)
Finalizing Your Settlement
Confirming the Offer and Acceptance	222	(1)
Formal Settlement Document	222	(3)
What to Do If the Check Doesn't Arrive	225	(1)
Liens on Your Settlement Money	226	(2)
Taxes on Your Settlement Money	228	(2)
The Last Resorts: Lawyers, Arbitration, and Courts
Small Claims Court	230	(9)
Arbitration	239	(11)
Working With a Lawyer
Reasons to Use a Lawyer	250	(2)
Finding the Right Lawyer	252	(3)
Paying the Lawyer	255	(5)
Managing Your Lawyer	260	(3)
Trial	263
Appendix: Accident Claim Worksheet
Index