Securing a fair and just settlement for your car accident claim is not as easy as it sounds.
Insurance adjusters are sitting around waiting for victims to fall into their basic negotiation traps. They have the information, and the money to get the job done.
Accident victims deserve better.
The best way for car accident victims to level the playing field and receive settlements they can be satisfied with is through the effective legal approaches. Having car accident legal services on your side for your claims can mean the difference between receiving pennies on the dollar and what is actually deserved.
Let’s cover how to do it the right way…
In This Article, You Will Learn:
- Why Legal Representation Matters for Settlements
- The Key Factors That Determine Claim Value
- 5x Proven Legal Strategies for Maximum Compensation
- Common Mistakes That Destroy Settlement Amounts
Why Legal Representation Matters for Settlements
Filing a car accident claim without professional legal assistance is a one-way ticket to exploitation.
Insurance companies know this.
So do most accident victims. That’s why they try to sweet talk them into accepting their first lowball offers.
Here’s the thing…
Approximately 6 million car accidents take place in the United States every year. For insurers, this means they get a lot of practice at dealing with accident claims.
What do they practice?
Delaying claims with unnecessary red tape, using confusing paperwork to their advantage, and making a “generous” settlement offer before victims even know what they deserve.
None of this matters when you have an attorney that is on your side and knows what they are doing. An experienced personal injury lawyer can counter these tactics, using legal approaches that insurers know and respect.
Here’s the fact of the matter.
The claimants negotiate their claims against well-paid insurance professionals that do this every day. It’s no contest. The law firms have created the scales of justice to be balanced in your favor.
Recent industry data shows that third-party bodily injury claim payouts average $27,373 per injured person. But what is an average? Many victims are worth more depending on the circumstances of the collision.
The Key Factors That Determine Claim Value
Not all car accident claims are the same.
There are a number of critical factors that determine how valuable a settlement is. Being familiar with these factors allows accident victims to make better assessments and present their demands from a position of knowledge.
The severity of any injuries is at the top of this list. Cases involving whiplash end up settling for much less than those where a person is rendered permanently disabled.
Secondly, there’s medical documentation.
The importance of having strong medical records that clearly and concisely outline the nature of the injuries cannot be understated. Insurance companies will challenge injury claims if there’s a lack of solid documentation.
Lost wages due to missing work because of an accident also matter. So too does the loss of future earning potential. This is all part of the total value calculation.
Finally, there’s the question of liability.
Who was at fault for the collision? Was the other driver’s liability indisputable or up for debate? The answer to these questions is important because, without liability, there is no case.
5x Proven Legal Strategies for Maximum Compensation
Now it’s time to talk about actual legal strategies that can and will produce better results.These are the same time-tested approaches that have been used by personal injury lawyers for decades to get their clients a better shake.
Document Everything Immediately
The best cases are built immediately after the collision occurs.
This means taking photos of the scene of the accident and gathering information about witnesses, insurance coverage, and other data. It also involves getting a copy of the police report and promptly seeing a medical professional.
Why?
Proof that can be used to bolster claims is lost. Witnesses forget. And “minor” injuries can quickly become “serious” injuries. Documenting everything early on creates an airtight foundation for the case.
Never Accept the First Offer
Insurance companies always, and I mean always, lowball victims on their initial settlement offer.
They want to gauge just how badly you want to be made whole. And they do this by dangling a tiny piece of “pie in the sky” before you.
Simple rule here…
The first offer is almost never the best one. Insurance companies know this, which is why it should be rejected outright and countered with a demand backed by evidence.
Calculate All Damages Properly
The total value of a case must be calculated correctly.
Victims are notorious for underestimating how much their injuries truly cost. It’s not all about current medical bills and out-of-pocket expenses. Things to consider include:
- Future medical expenses
- Costs for long-term rehabilitation and therapy
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress and trauma
Build a Solid Liability Case
Liability is often in dispute after a car accident.
The other side may claim that their client wasn’t driving too fast, was not distracted, and, of course, that your client was at fault. This is why proving liability is so important. That means traffic camera footage, eyewitness testimony, and the help of accident reconstruction experts where necessary.
Know When to Negotiate vs. Litigate
Negotiation works sometimes, but not always.
Seasoned legal counsel knows when to push for settlement and when to stop and either try to force the insurer’s hand or go to court. The mere threat of litigation can spur insurance companies to act fairly. But if they still refuse to play ball, then filing a lawsuit will demonstrate that the other side will be forced to either pay up or face a judge and jury.
Common Mistakes That Destroy Settlement Amounts
The value of a good car accident claim can be eviscerated by victims that make even one of these mistakes.
Allowing adjusters to record a statement without having a lawyer present is a huge no-no.
Insurance adjusters are experts in the “lost art” of asking questions in a manner that causes accident victims to make statements that ultimately damage their cases.
Posting about the accident or injuries on social media is a big mistake. Insurance investigators know this and will scour social media accounts for anything they can use to contest claims.
Accepting early, and generally insufficient, settlement amounts before knowing the full extent of injuries is one of the worst things to do.
Missed deadlines to file a claim or the statute of limitations period to bring a lawsuit will absolutely end the opportunity to secure compensation.
Wrapping Things Up
Dealing with car accident claims and securing a settlement isn’t as difficult as one might initially think.
The key to success is to approach the process strategically and have a competent attorney at the wheel. The more a case is prepared in advance, the less likely it will be for victims to make mistakes that cause their claims to be derailed.
Let’s recap:
- Get legal representation as early in the process as possible
- Document the accident and injuries from day one
- Never, and I mean never, accept the first settlement offer
- Calculate ALL damages (don’t leave anything out)
- Know when to negotiate a settlement and when it’s time to file a lawsuit
Car accident legal services exist for a reason.
Insurance companies have their teams of experts. Accident victims deserve to have experts in their corner too.