[MRM]

The four elements of a negligence claim are:

Duty

Breach (of the duty owed to you)

Damages

Causation between the breach of duty and damages you suffered.

Trek, don't get too worked up. You didn't do anything wrong and you haven't weakened your claim. Even well meaning, honest and forthright people need advocates from time to time. That's what you need right now, is an advocate.

Insurance companies don't know you're an honest and forthright person. Most people they talk to are not, so they assume there's puffery invoved in every claim they see, until proven otherwise. That's where your advocate comes in. Believe me, most people making claims to insurance companies think they are owed more than they are entitled to. If they weren't we wouldn't need insurance adjusters, we'd just have 1 800 numbers for people to call in to, report their claim, and tell the company how much they should be paid.

You need to get connected with a good lawyer who specializes in personal injury and insurance claims. Part of the problem is that consumers of legal services don't have any way to judge the quality of an attorney untill after the case is over because they don't have any frame of reference.

The best way to find a lawyer who can help you is personal referrals from people who have used a lawyer recently. Ask around and then sign on with a lawyer who wants to take your case and specializes in the field.

It shouldn't cost you a bunch of money. When a lawyer says it will cost a lot to prosecute your case, it usually means he doesn't want to take it on, or it means that he thinks you're fighting over principle and you don't have a chance to recover much money. Either way, it means you just didn't find the right person.

Get a couple more referrals, tell the insurer that you're not going to be talking with them because you're getting lawyered up, and let your soon-to-be lawyer do the work for you. That way you know you got what the law says you have coming to you and you have your life to live without worrying about this. It will work out.