Miami Personal Injury Lawyer Blog
In a year when most health focus was on the pandemic, unintentional death and injury numbers may have been overlooked in 2020. However, the National Safety Council (NSC) compiled statistics from the same time period and reported some disturbing trends. Accidents claimed the lives of around 201,000 people, an increase from the 173,040 fatalities recorded for 2019. Plus, 55.4 million victims sought medical care at emergency rooms for unintentional injuries, with the top causes being motor vehicle crashes, slip and falls, and workplace accidents.
Fortunately for victims, most of these incidents are covered by the at-fault party’s insurance. Motorists, businesses, and property owners carry liability policies to protect against accidents, so you will need to file a claim with the insurer to recover compensation. There is more to the process than filling out some forms, as you will need to submit a settlement offer and demand to the company. Your Miami personal injury attorney will prepare the necessary documents, but it is helpful to know what goes into the package.
Facts of the Accident
An insurance company will only pay a claim if its insured is at fault and the basis of liability is negligence. You must have sufficient facts to show that the policyholder caused the accident through a failure to exercise reasonable care. Your demand package will include a statement of these facts, highlighting the at-fault party’s careless actions.
Summary of Medical Treatment
A key component of your compensation will revolve around your medical care, so you will need to provide information on all treatments you received. Your settlement package might cover care from numerous healthcare providers, and each entry on your list should include the following:
- A diagnosis of your injuries;
- A description of the care you received;
- Your doctor’s recommendations on physical activity; and,
- All prescription and over-the-counter pain medications.
Itemized List of Damages
Your submission to the insurance company should provide all details on your losses, which fall into two categories:
- Economic Damages: These are financial losses that are definite and tangible. Economic damages include all costs of medical care, as well as out-of-pocket costs to treat your injuries. You might also qualify for lost wages if you miss work.
- Noneconomic Damages: This class of compensation is subjective, so you will not quote dollar values. Instead, your demand package should have a description of all the ways your injuries affected your quality of life.
Settlement Proposal
The conclusion of your writing to the insurer is your demand, in which you state the amount that you request as payment for your claim. The offer is usually a starting point for negotiations and possibly an out-of-court settlement agreement.
Get Legal Help from a Miami Personal Injury Lawyer
Our team at Gerson & Schwartz will handle all requirements for the settlement offer and demand, so please call (305) 371-6000 or visit us online to speak to an attorney. We are happy to set up a no-cost case evaluation at our offices in Miami, Fort Lauderdale, or West Palm Beach.
