Getting a fair settlement after a car accident is more than just filing an insurance claim. Insurance companies want to pay as little as possible. Their goal is to make money - not pay claims.
An experienced car accident lawyer can pursue the compensation you need. By working with a car accident lawyer, you can maximize your claim so you can pay for your damages and experience a better recovery.
The Power of Working with a Car Accident Lawyer
Choosing an attorney can make a big difference in your settlement. Studies show that accident victims who hire a lawyer get much bigger settlements than those who go it alone. Insurance companies take represented clients more seriously and will offer fairer settlements to avoid a lawsuit.
A car accident attorney brings several benefits to your case. They know how to value your claim, including current and future damages. They know how to obtain and preserve evidence, work with expert witnesses, and handle complicated legal processes. Most importantly, they have experience dealing with insurance companies and know their tricks in reducing or delaying compensation.
Timing is Everything
One of the ways a car accident attorney helps maximize your claim is by timing things well. You may want to settle quickly, especially if medical bills are piling up, but settling too fast often means lower compensation. Insurance companies make low initial offers, hoping victims will take the offer before they understand the full extent of their injuries and costs.
Your attorney will advise you to wait until you reach maximum medical improvement (MMI) before negotiating seriously. MMI is when your condition has stabilized, and doctors can better predict any future medical needs. This way, all current and future medical expenses can be included in your demand.
Documenting and Collecting Evidence
A successful claim requires documentation. Your attorney will get and preserve evidence, including:
Medical Records: Detailed records of all injuries, treatments, medications, and future medical needs. This includes ER visits, follow-up care, physical therapy, and any specialist consultations.
Economic Copies: Documentation of lost income, reduced earning capacity, and other financial losses. This may include pay stubs, tax returns and expert testimony about future earnings impact.
Property Damage: Detailed documentation of vehicle damage, including repair estimates and photos. This shows the severity of the accident.
Accident Scene Evidence: Photos, videos, witness statements, police reports, and surveillance footage. Your attorney may also work with accident reconstruction experts in complicated cases.
The more documented your case is, the stronger your claim.
Calculating Damages
One of the benefits of working with a car accident attorney is that they can identify and calculate all damages. Many accident victims focus on immediate medical bills and vehicle repairs and forget to look at other sources of compensation, such as pain and suffering.
Economic Damages
These are tangible losses and are easier to calculate and may include:
Current Medical Expenses: All costs related to ER visits, hospital stays, doctor visits, medications, and medical equipment.
Future Medical Expenses: Future treatment, surgeries, rehabilitation, and long-term care needs.
Lost Income: Missed work during recovery, including salary, bonuses, and benefits.
Reduced Earning Capacity: Future income losses if injuries affect your ability to work or advance in your career.
Property Damage: Vehicle repairs or replacement, plus rental car expenses and personal property damaged in the accident.
Non-Economic Damages
These intangible damages are a big part of settlements but require legal knowledge to value: All non-economic damages are subjective in nature and are figured - based on the injuries and money needed for care.
Pain and Suffering: Physical and emotional distress. To calculate these damages, attorneys use a multiplier (1.5 to 5) based on injury severity. Also, they may figure the amount on a per diem basis.
Loss of Enjoyment: Compensation for activities you can no longer do because of the injuries. The more severe the effect, the higher the compensation.
Loss of Consortium: Impact on the spouse and family relationships. Factors are taken into consideration, such as work history, age, medical history, and how the degree the relationship is affected.
Negotiation Strategies
Experienced attorneys use many strategies to get more compensation:
Comprehensive Demand Letters: Your attorney will prepare detailed demand letters outlining all damages with supporting evidence. These letters make a strong case for maximum compensation.
Expert Testimony: Medical experts, economic experts and accident reconstruction experts can give professional opinions on the value of your claim.
Policy Analysis: Attorneys look at all possible policies that apply to your case.
Alternative Dispute Resolution: When appropriate, mediation or arbitration can get you better settlements without the long court process.
Litigation Preparation: Sometimes, preparing for trial and showing you are willing to litigate persuades insurance companies to offer better settlements.
Dealing with Insurance Company Tactics
Knowing and countering insurance company strategies is key to getting the most from your settlement. Insurance adjusters are known for:
Rushing Early Settlements
They will try to get you to take quick offers before you realize the full extent of your injuries.
Disputing Liability
They will try to say you were partially at fault to reduce compensation.
Minimizing Injuries
They will say injuries are pre-existing or less severe than what you reported.
Questioning Treatment
They will dispute the need for certain treatments or therapies.
Your attorney will anticipate and counter these tactics and protect your interests throughout negotiations.
Long-term Benefits
Beyond the immediate settlement amount, attorneys will ensure long-term financial security by:
Structuring Settlements
Attorneys can set up payments so clients can qualify for government benefits and long-term financial stability.
Tax Implications
Attorneys can structure settlements to minimize taxes where possible.
Future Care Planning
Attorneys can settle for lifetime care needs for serious injuries.
Contact a Car Accident Attorney to Maximize Your Compensation
You shouldn’t ask for damages unless you have legal representation. To get the most money from a car accident, developing a legal relationship is necessary. Don't wait until it's too late. Contact a car accident attorney today to get the peace of mind you need. They will be your trusted ally throughout the entire process, working tirelessly to achieve the best possible outcome for you. Call a personal injury attorney now.
Adam B. Lawler
Attorney at Law / Partner
Adam Lawler is the founder of Lawler Brown. Adam is a 2004 graduate of Saint Louis University School of Law. Adam worked for a local firm until founding the Lawler Brown in 2009. Adam’s practice areas focus in Personal Injury, Business, Real Estate, Probate/Trust/Estate Administration and general litigation.
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