How to Win Your Personal Injury Claim

307 Pages·2009·2.47 MB·English

7th Edition
How to Win Your
Personal Injury
Claim
By Attorney Joseph L. Matthews
 e
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7th Edition
How to Win Your
Personal Injury
Claim
By Attorney Joseph L. Matthews
SEVENTH EdiTioN april 2009
Editor Emily doSkow
Cover design SuSaN puTNEy
proofreader ElaiNE mErrill
index THérèSE SHErE
printing dElTa priNTiNg SoluTioNS, iNC.
matthews, J. l., 1946-
How to win your personal injury claim / by Joseph l. matthews. -- 7th ed.
p. cm.
includes index.
iSBN-13: 978-1-4133-1016-0 (pbk.)
iSBN-10: 1-4133-1016-8 (pbk.)
1. personal injuries--united States--popular works. 2. accident insurance claims--united
States--popular works. 3. liability insurance claims--united States--popular works. i.
Title.
kF1257.m38 2009
346.7303'23--dc22
2009000965
Copyright © 1992, 1993, 1996, 2002, 2004, 2006, and 2009 by Joseph l. matthews.
all rigHTS rESErVEd. priNTEd iN THE u.S.a.
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Acknowledgments
Tanks go to several people who gave of their time and skills to help make this book happen.
annie Tillery did sometimes dizzying research with thoroughness and good cheer—and Ella
Hirst took over the research detail for the 4th edition. Stephen Elias gave the manuscript a
careful reading at several stages and gave numerous helpful suggestions along with unfailing
encouragement. amy delpo and Emily doskow have signifcantly improved subsequent
editions of the book, combing their knowledge of the law with thoughtful and eagle-eyed
editorial energies.
another round of thanks go to peter lovenheim of Empire mediation in New york and to
Bill mahoney of aetna insurance of California, for their consultations regarding the use of
mediation in personal injury claim disputes.
Special thanks go to richard duane, Esq., who took time out from his busy law practice to
review the manuscript and give it the beneft of his great expertise in the area of personal injury
law. Both the quality and willingness of his assistance came as no surprise, since he is known to
trial lawyers and clients alike as a tireless and brilliant advocate for the rights of the injured.
last and greatest thanks are reserved for Barbara kate repa. Far more than merely a skilled
and dedicated editor, Barbara kate vetted this book into the world with her vast talents and
compassion tuned equally to the needs of future readers and to the foibles of a wandering and
sometimes wondering author. Te assistance this book will provide its readers comes in large
part from her untiring eforts.
Table of Contents
Your Personal Injury Companion
Handling Your Personal Injury Claim
1
Why You Often Can Handle Your Own Claim ...........................................................4
When You Might Need a Lawyer .......................................................................................6
Whose Fault Is It? How Legal Responsibility Is Determined
2
Basic Rules of Legal Responsibility ................................................................................. 12
Liability in Specifc Types of Accidents ........................................................................ 19
Initial Steps in Settling Your Claim
3
Te First 72 Hours: Protecting Your Rights ............................................................... 50
Getting a Claim Started ....................................................................................................... 58
Special Rules for Accidents Involving the Government ..................................... 68
Understanding Insurance Coverage
4
Motor Vehicle Insurance ..................................................................................................... 80
Nonvehicle Liability Insurance ......................................................................................... 95
Your Own Health Coverage and Accident Claims ................................................ 99
No-Fault Laws: State Summaries ....................................................................................101
How Much Is Your Claim for Injuries Worth?
5
Te Damages Formula ........................................................................................................107
How Injuries Afect Compensation .............................................................................109
Demonstrating Pain and Sufering ...............................................................................114
Lost Income ..............................................................................................................................119
Property Damage...................................................................................................................120
Arriving at a Final Compensation Value ...................................................................120
Examples of How Much Diferent Claims Are Worth .......................................124