The first suggestion would be not to negotiate the case yourself if it
involves a serious injury, significant time away from work, or
otherwise involves more than just a minor injury or a few days away
from work.
Why? Because you will be
entering a war zone. The
company will have experienced insurance adjusters, insurance
investigators, and lawyers working "behind the scenes" to try to make
your case worth as little money as possible. They know the "tricks"
that can hurt your case and they will use them on you with a smile on
their face so you won't even see it coming until it's too late.
The insurance adjusters, investigators, and lawyers for the company
make their living negotiating cases like yours. This will not be their
first time to negotiate a case or the last.
If your case is serious, you s
hould strongly consider consulting
with a Jones Act or maritime law attorney. At the very least, you
should try to talk to such an attorney (or, better yet, talk to a few
of them) before deciding whether to try to negotiate your case
yourself. Most of the time, such attorneys will give you a free
initial consultation.
If your case is a smaller one, involving minor injuries or just a few
days away from work, then negotiating yourself may be more efficient
and effective. Here are some "tips" for negotiating these small cases
yourself:
1. Get a copy of the accident report;
2. Gather together all of your medical records and bills;
3. Ask to take statements from all witnesses;
4. Type up a letter to the insurance company, include the accident
report, medical records and bills, and witness statements. In the
letter, set forth your opening "demand" (your first settlement number)
by multiplying your medical bills and lost wages by some factor you
think is fair;
5. Give the company a deadline by which to respond. If they do not
respond by the deadline, you know they are not serious about your case.
Good luck.
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