People facing an injury claim arising from an accident that was not their fault just want to be treated fairly and compensated fully for their injuries. This is especially true where an injured person faces the need for medical treatment and rehabilitation.
Unfortunately, in most cases, the insurance companies for the driver(s) at fault do not want to voluntarily pay fair and full injury settlements. In fact, the insurance companies employ highly trained claim adjusters whose job it is to settle claims for less. They are called “adjusters” for a reason.
After 33 years of focusing my law practice on protecting the injured, I know what it takes to obtain fair, full, and maximum injury settlements. Below are some insights into the approach we take at Horn Law to deliver superior legal representation to our clients.
Gaining the Upper Hand
When we are first alerted to a new case, our priority is to take care of the immediate issues, establish the insurance claims, and handle the insurance claims adjuster. Right from the start, this is what sets a solid foundation for maximizing the injury settlement.
Gaining the upper hand in an injury claim is important especially when you consider that the claims adjuster’s job is to “adjust” the claim. That means they are going to adjust the claim by putting a lower settlement value on the claim.
It is our job to oppose the adjuster and gain the upper hand. From the point when the claims adjuster receives our first letter, the insurance company is on notice that we will expect fair and full value for each unique way the injury has impacted our client’s life.
Securing the Important Evidence
When a person suffers a sudden onset of injury, their life is impacted in a multitude of ways. In this regard, 3 types of evidence are vital to establishing the insurance claims and maximizing the injury settlement.
First, there is the evidence that establishes the liability or fault of the adverse driver(s). This evidence relates to the comprehensive legal investigation of the collision, including the police investigation, adverse driver investigation, witness statements, video/photographic evidence, and more. The legal investigation is vitally important to the final result, especially when the collision was caused a severe force of impact or the at fault driver was driving recklessly.
Second, the medical evidence always plays a key role in our mission to maximize the injury settlement. The medical evidence includes specific detail about the medical diagnosis, treatment, prognosis, and doctor recommendations.
Often, expert medical opinion is necessary to solidify the evidence in order that the injured person’s claim is fully supported. This is especially true when the injured person has been told by their doctor that they have a “guarded prognosis” and that they are just going to have to live with the longer-range discomfort and other consequences of the injuries.
Finally, as it relates to securing the important evidence, it is important that the injury claim valuation process consider evidence that relates to the injured client’s continuing damages. Below are areas of continuing damages that have a significant impact on the injury settlement or award.
Pain & Physical Restrictions, including the impact the injury has had on work, household, and family responsibilities.
Loss of Quality of Life, including the loss in freedom of movement, the frustrations of having to avoid/curtail activities, the interference with sleep and other daily life routines.
Longer-Range Consequences, including the increased susceptibility to pain/ discomfort, the need for future medical treatment, or the accelerated decline of health and mobility resulting from a traumatic injury.
Advanced Negotiations
The end goal of the legal representation is to maximize the injury settlement for the client. To that end, advanced settlement negotiations with claim supervisors and insurance defense attorneys are almost always needed to get the best possible results.
Advanced settlement negotiations often follow a detailed settlement demand that is supplemented by expert reports and provide additional details supporting the claim. The process of advanced negotiations is more art than science and is heavily influenced by years of experience in handling a wide variety of injury claims. A successful negotiation requires the attorney for the injured person to remain steadfast and leave no stone unturned to make sure that case is positioned to return the optimal compensation to the injured client.
Since 1990, Attorney Doug Horn has focused his law practice on representing injured persons in Missouri, Kansas, and across the Midwest. His areas of concentration include cases involving head, neck, back, and other serious injury requiring extended medical care and rehabilitation. In addition to his law practice, Horn frequently presents to national attorney audiences in the area of personal injury law and litigation.
About Doug Horn
Since 1990, Attorney Doug Horn has focused his law practice on representing injured persons in Missouri, Kansas, and across the Midwest. His areas of concentration include cases involving head, neck, back, and other serious injury requiring extended medical care and rehabilitation. In addition to his law practice, Horn frequently presents to national attorney audiences in the area of personal injury law and litigation.
