First, seek medical attention, even for seemingly minor injuries, as documentation is crucial. Report the incident: call police for a car crash or notify the property owner/contractor supervisor. Collect evidence: take photos, get contact information from witnesses, and keep a detailed journal of your injuries and recovery. Do not admit fault or give a recorded statement to the other party’s insurance company before consulting with a legal professional.

There is no fixed formula. Insurers and courts typically consider the severity and duration of your pain, the type of injury, how it affects your daily life and activities, and the expected recovery time. Strong medical documentation linking your pain directly to the incident is crucial. Often, a multiplier (e.g., 1.5 to 5 times) of your total medical bills and lost wages is used as a starting point for negotiation, with the multiplier increasing for more severe, life-altering injuries.

No. You should not communicate directly with the person making the claim or their attorney once a formal claim is made. All communication should go through your insurance company’s claims adjuster or your own attorney. Speaking directly can lead to you accidentally saying something that could be interpreted as admitting fault or liability. It can also undermine the formal process. Let the professionals handle the negotiation and discussion to protect your interests.