While Legal Romantics would like to characterize the trial of a lawsuit as a "Search for Truth" that's not true!
Disputes are decided on the evidence. When reviewing cases before them, judges invariably use the phrase, "The evidence shows," rather than "The truth of the matter is". This first sentence is a fact that the filters of the courtroom down to the objective assessment of each case decided.
If Fred Fuddle is the town drunk, or if his conduct at the accident scene was provably abnormal than the value of your case is expected to increase. If your injuries are visible and / or demonstrable, it is likely that your payment will be larger. The conduct of both Fuddle and you before the accident can be significant. If you were in a bar drinking heavily or raising holy hell on the road before the accident, you get less respect by the jury that if you were driving your house of worship with your family.
Thus, the circumstances of your behavior before, during, or after the accident increases or decreases the value of your payment.
THE SIX most important elements "Evaluation Process": To be fully informed, you must know and understand the six primary evaluation elements that figure in the evaluation process. They are as follows:
(1) THE FACTS (2) Evidence (3) OF THE ACT (4) your injury (5) ANY SPECIAL (6) The INTANGIBILITIES.
(1) FACTS: The collection of provable factual information is the first step in the evaluation. If you try to evaluate an application without a complete file of facts as possible, it's like to go hunting for a lion with a slingshot.
(2) EVIDENCE: You must weigh all factual evidence known to you against the actual evidence, you can produce in support. Whatever information you're familiar with, your position will always be stronger if you have proof to support you.
For example: You can talk until the cows come home about the unsightly black and blue marks you had on your face, ribs and hips, the scar on his forehead, or 75 feet of skid marks Fred Fuddle car left on the road before crashed against you, but Adjuster IM Smart never sufficiently understand (and do not want you to believe) unless you provide it with photographs.
Provide smart with proof positive of photographs will be the eyes of his supervisor humpback as he breathes a deep breath of resignation and said, "Hey, it will cost us."
QUESTION: "How can Dan be so sure about that"? ANSWER: ". Because before Dan retired after spending 30 years on the firing line, he was an insurance adjuster, supervisor, manager and assistant trial, he has been there, seen that, more heard (and felt) that thousands of times! "
Whenever possible, you must help Adjuster IM Smart justify the settlement figure he wants it approved by his immediate superior at Granite Mountian Insurance Corporation.
(3) OF THE ACT: As shown in over 83% of accidents in the U.S. in 2003 the impact you were subjected to the fault is clearly "Fumbling" Fred Fuddle, if the law is your side.
Armed with information found in my book INJURY third auto accident personal (How To Evaluate And Settle Your Loss) plus THE BASE FORMULA (The Baldyga Auto Accident Settlement Evaluation Formula) you will be able to do so. THE BASE FORMULA will correctly assess your "pain and suffering." For this reason, you can set your own request without giving a huge percentage to a lawyer. A lawyer who did nothing more than having his secretary send Fuddle a letter of representation, and then think it's perfectly acceptable (after many moths or even years of hiding / stumbling / fumbling and verbally pitching his well rehearsed response when you asked, "Hey this happens with my application? "with a response like:" I'm just over it, hold on, my old friend and I'll get out the right ", and then take a huge part of your settlement dollars, for doing little or nothing to gain.
(4) HURT YOU: The seriousness of your injury must be considered. (Comfort Ole 'Doc, a medical report from your doctor, should go into detail on this). Your age will affect the time it takes to recover. By the time you lost at work has a direct impact on the duration of your recovery.
(5) ANY SPECIAL: All your direct and tangible losses are prime factors to be implemented in consideration of the value of your claim (details clearly established for damages are in the fourth chapter of my book) ..
(6) INTANGIBLE ELEMENTS: these include your reasonableness, your economic situation, your position in the community, the feeling evoked obvious when considering the degree of severity of your injury, and the attitude of Fred Fuddle (and often your witness) about your case.
Sympathy will come into play if you are a widow or a highly respected coach Little League, in contrast to your being identified as a raucous bum with a history of getting into scrapes with the law.
Emotional factors often have considerable weight in assessing your application. Whatever the intangibles can be, you must force yourself to study and then evaluate them just as objectively as possible. So if what is claimed is incorrect, you can refuse (more than you need to prove the conclusions not to be true) when and where it becomes appropriate to do so.
Copyright (c) 2004 by Daniel G. Baldyga. All rights reserved
WARNING: The only purpose of this article in your INSIGHTS MED-PAY CLAIM INSURANCE COVERAGE is to help people understand the motor vehicle accident reporting process. Neither Dan Baldyga nor ARTICLECITY.COM gives no warranty of any kind that either; NOR do they purport to engage in rendering legal or professional service, nor a substitute for a lawyer, an insurance adjuster, or a claims consultant, or the like. Whenever such help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain such services.
Source: http://EzineArticles.com/11223
Disputes are decided on the evidence. When reviewing cases before them, judges invariably use the phrase, "The evidence shows," rather than "The truth of the matter is". This first sentence is a fact that the filters of the courtroom down to the objective assessment of each case decided.
If Fred Fuddle is the town drunk, or if his conduct at the accident scene was provably abnormal than the value of your case is expected to increase. If your injuries are visible and / or demonstrable, it is likely that your payment will be larger. The conduct of both Fuddle and you before the accident can be significant. If you were in a bar drinking heavily or raising holy hell on the road before the accident, you get less respect by the jury that if you were driving your house of worship with your family.
Thus, the circumstances of your behavior before, during, or after the accident increases or decreases the value of your payment.
THE SIX most important elements "Evaluation Process": To be fully informed, you must know and understand the six primary evaluation elements that figure in the evaluation process. They are as follows:
(1) THE FACTS (2) Evidence (3) OF THE ACT (4) your injury (5) ANY SPECIAL (6) The INTANGIBILITIES.
(1) FACTS: The collection of provable factual information is the first step in the evaluation. If you try to evaluate an application without a complete file of facts as possible, it's like to go hunting for a lion with a slingshot.
(2) EVIDENCE: You must weigh all factual evidence known to you against the actual evidence, you can produce in support. Whatever information you're familiar with, your position will always be stronger if you have proof to support you.
For example: You can talk until the cows come home about the unsightly black and blue marks you had on your face, ribs and hips, the scar on his forehead, or 75 feet of skid marks Fred Fuddle car left on the road before crashed against you, but Adjuster IM Smart never sufficiently understand (and do not want you to believe) unless you provide it with photographs.
Provide smart with proof positive of photographs will be the eyes of his supervisor humpback as he breathes a deep breath of resignation and said, "Hey, it will cost us."
QUESTION: "How can Dan be so sure about that"? ANSWER: ". Because before Dan retired after spending 30 years on the firing line, he was an insurance adjuster, supervisor, manager and assistant trial, he has been there, seen that, more heard (and felt) that thousands of times! "
Whenever possible, you must help Adjuster IM Smart justify the settlement figure he wants it approved by his immediate superior at Granite Mountian Insurance Corporation.
(3) OF THE ACT: As shown in over 83% of accidents in the U.S. in 2003 the impact you were subjected to the fault is clearly "Fumbling" Fred Fuddle, if the law is your side.
Armed with information found in my book INJURY third auto accident personal (How To Evaluate And Settle Your Loss) plus THE BASE FORMULA (The Baldyga Auto Accident Settlement Evaluation Formula) you will be able to do so. THE BASE FORMULA will correctly assess your "pain and suffering." For this reason, you can set your own request without giving a huge percentage to a lawyer. A lawyer who did nothing more than having his secretary send Fuddle a letter of representation, and then think it's perfectly acceptable (after many moths or even years of hiding / stumbling / fumbling and verbally pitching his well rehearsed response when you asked, "Hey this happens with my application? "with a response like:" I'm just over it, hold on, my old friend and I'll get out the right ", and then take a huge part of your settlement dollars, for doing little or nothing to gain.
(4) HURT YOU: The seriousness of your injury must be considered. (Comfort Ole 'Doc, a medical report from your doctor, should go into detail on this). Your age will affect the time it takes to recover. By the time you lost at work has a direct impact on the duration of your recovery.
(5) ANY SPECIAL: All your direct and tangible losses are prime factors to be implemented in consideration of the value of your claim (details clearly established for damages are in the fourth chapter of my book) ..
(6) INTANGIBLE ELEMENTS: these include your reasonableness, your economic situation, your position in the community, the feeling evoked obvious when considering the degree of severity of your injury, and the attitude of Fred Fuddle (and often your witness) about your case.
Sympathy will come into play if you are a widow or a highly respected coach Little League, in contrast to your being identified as a raucous bum with a history of getting into scrapes with the law.
Emotional factors often have considerable weight in assessing your application. Whatever the intangibles can be, you must force yourself to study and then evaluate them just as objectively as possible. So if what is claimed is incorrect, you can refuse (more than you need to prove the conclusions not to be true) when and where it becomes appropriate to do so.
Copyright (c) 2004 by Daniel G. Baldyga. All rights reserved
WARNING: The only purpose of this article in your INSIGHTS MED-PAY CLAIM INSURANCE COVERAGE is to help people understand the motor vehicle accident reporting process. Neither Dan Baldyga nor ARTICLECITY.COM gives no warranty of any kind that either; NOR do they purport to engage in rendering legal or professional service, nor a substitute for a lawyer, an insurance adjuster, or a claims consultant, or the like. Whenever such help is desired it is THE INDIVIDUALS RESPONSIBILITY to obtain such services.
Source: http://EzineArticles.com/11223
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