Have you been injured in a car accident and have questions about the settlement?
You’re not alone. Car accidents can be extremely overwhelming, and on top of all the chaos of the accident, there’s the insurance companies to deal with.
You want to ensure you get the maximum amount of money possible so you can recover.
So, here’s some good news. A car accident lawyer can significantly increase the amount of your settlement.
And not just a little bit, either. We have seen our settlement amounts triple by hiring a lawyer.
If you want to know how a car accident lawyer can maximize your settlement, keep reading.
What you’ll discover:
- Why DIY Car Accident Claims Usually Fail
- The Hidden Ways Lawyers Boost Your Settlement
- How to Pick the Right Legal Representation
- What to Expect During the Settlement Process
- Common Mistakes That Kill Your Compensation
- The Bottom Line
- FAQs
Why DIY Car Accident Claims Usually Fail
I know, I know. Insurance companies like to advertise how great they are, and their commercials make them sound like your friendly neighborhood helper.
The truth is, they’re a business. They exist to pay out the least amount of money possible.
A recent study actually found that 75% of victims of a car accident do not receive the maximum settlement because of preventable mistakes.
Here’s what usually goes wrong with do-it-yourself car accident claims:
- Accept the first offer from an insurance company (which is nearly always a lowball offer).
- Not knowing the true value of your case.
- Missing critical deadlines.
- Failure to document the claim’s evidence.
The insurance adjuster handling your case probably has tens of thousands of cases under their belt, and you’re probably on case number 1.
That’s not a fair fight.
The Hidden Ways Lawyers Boost Your Settlement
So what’s the secret weapon that makes car accident lawyers so effective at winning higher settlements?
Knowledge. The lawyer has the knowledge.
The insurance company can no longer just lowball you and offer a low settlement, only to see you walk away without a fight when you have legal representation.
Your lawyer will understand exactly what your case is worth based on years of legal experience.
They also have the resources to take your case all the way to trial if necessary.
How to Pick the Right Legal Representation
Picking the right legal representation is critical.
Personal injury law is highly specialized. In fact, motor vehicle accidents are the most common personal injury claim. They make up 52% of all cases.
You want someone who lives and breathes car accident cases, not just someone who occasionally takes a car accident case in between their real murder cases.
When searching for the right attorney, you’ll want to learn how to find the right lawyer after a crash that specializes in your type of case. The right attorney will have a proven track record of maximizing settlements.
Look for these qualities:
- Experience with car accident cases specifically (not just any personal injury lawyer)
- Contingency fee structure (you don’t pay unless they win)
- A proven track record (ask about recent settlements)
- Resources to take your case to trial (even if you settle out of court)
Avoid these red flags:
- Lawyers who guarantee a specific settlement amount
- Lawyers who pressure you to sign right now
- Lawyers who take every type of case
Trust your instincts. If you have a bad feeling about a particular attorney, keep looking.
What to Expect During the Settlement Process
The vast majority of car accident victims think the settlement process is quick and painless.
It’s not.
Knowing what to expect can help set your expectations and help you make smarter decisions during each phase.
The Investigation Phase
Your lawyer will begin their work by collecting evidence, which will include things like police reports, medical records, witness statements, photos from the accident scene, and employment records.
The more thorough you and your attorney are in this phase, the higher the settlements will be. In fact, according to one study, cases with complete and organized evidence file have 60% higher settlements.
Medical Treatment and Recovery
It’s important to note that you should NOT rush your medical treatment. In fact, your lawyer will likely advise you to wait until you reach “maximum medical improvement” before settling your case.
Maximum medical improvement is when you’ve made as much recovery as you are going to.
That’s because once you sign a settlement, that’s it. You can’t ask for more money later if new complications arise with your injuries.
Negotiation Phase
Having an attorney really comes in handy during the negotiation phase.
Your attorney will craft a demand letter, which details what happened, the extent of your injuries, how the accident has affected your life, and a total dollar amount of compensation you’re requesting.
Then the negotiation dance begins. The insurance company will almost certainly counter with a much lower offer, and your lawyer will counter right back.
Patience is key here. An experienced car accident attorney knows when to push and when to accept an offer.
Common Mistakes That Kill Your Compensation
The biggest mistakes that I see car accident victims make that severely reduce their potential settlement:
Mistake #1: Waiting too long to seek medical treatment
Insurance companies love to lowball car accident victims, so if you wait too long to get treatment, they’ll argue that your injuries weren’t that serious.
Don’t make that mistake. Go to the doctor immediately, even if you feel fine.
Mistake #2: Not following through with treatment
Don’t get our hopes up, only to give up halfway through your treatment plan.
Follow through with treatment. Even if you feel better, it shows that your injuries were real.
Mistake #3: Giving a recorded statement to the insurance company
DO NOT ever give a recorded statement to the other driver’s insurance company without your lawyer present.
Insurance companies are not your friends.
If they call you to talk, politely decline and refer them to your attorney.
Mistake #4: Posting on social media
When the insurance company sees that photo of you at your cousin’s wedding, they’ll use it to argue that your injuries can’t be that bad if you’re able to participate in activities like that.
Don’t post it on social media.
The bottom line is, keep your social media private and don’t post anything that could be misconstrued.
Mistake #5: Accepting the first offer
Insurance companies always offer the bare minimum on the first offer.
Don’t be fooled. They’re hoping that you’ll take the quick money and go away. Don’t fall for it.
The Bottom Line
Getting a settlement from your car accident case is about so much more than just the money.
Your settlement is the key to getting your life back on track, which is why we work so hard to ensure you get the most money possible.
The stats show that professional legal representation makes a huge difference in whether or not you get a settlement, as well as how much you get.
Beyond the money, though, is the fact that a good attorney will handle all the paperwork, deal with the insurance companies, and let you focus on what’s most important – getting better.
Remember:
- Most car accident attorneys work on contingency (no upfront costs).
- There’s nothing to lose by at least talking to an attorney.
- Insurance companies take you more seriously when you have a lawyer.
- The settlement process is complex and full of pitfalls.
Don’t go it alone. The statistics are not in your favor.
Frequently Asked Questions
How much does a car accident lawyer cost?
Most car accident lawyers work on contingency. They charge a percentage of the settlement, usually between 33 and 40%. The good news is that this means that if they don’t win your case, you don’t owe them any money. This is a big reason that most people don’t have to pay upfront for their lawyer.
How long does it take to settle a car accident case?
It depends. On average, a case should settle within 6-18 months, but the process could take longer in more complex cases. The amount of time it takes depends on the severity of your injuries and how much the insurance company is cooperating.
What happens if the other driver doesn’t have insurance?
It’s not ideal, but if the other driver in your accident doesn’t have insurance, you still have options. Your lawyer can help pursue other possible routes for compensation, such as your own uninsured motorist coverage or filing a lawsuit against the driver directly.
Can I still file a claim if I was partially at fault for the accident?
Yes. In most states, car accident victims can still file a claim even if they were partially at fault for the accident.
You will see a reduction in your settlement that is equal to your percentage of fault, but you should still be able to receive compensation so long as you were not the primary party at fault.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.