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How to Settle Your Car Accident Injury Claim Without an Attorney

How to Settle Your Car Accident Injury Claim Without an Attorney

Many people do not want to hire an attorney to help them after a serious car accident. Some may want to minimize legal costs or feel that you can best handle the claim on your own. This guide will show you how to settle your car accident injury claim without an attorney.

If you choose to represent yourself with a car accident injury claim, follow these tips.

What Car Accident Cases Can Be Handled Without a Lawyer?

Did you have a relatively minor car accident and feel that you may move forward without having to worry about hiring a lawyer? You may not need a lawyer if:

  • You can clearly show that the other party bears liability for the accident, and you think there is no chance of the other party’s insurance company disputing liability.
  • You suffered no injuries or only minor injuries and do not need to pursue considerable compensation.
  • You have a solid idea of how much compensation you should expect and how to pursue it.
  • Dealing with insurance companies does not cause you undue stress.
  • You are prepared to negotiate.

When Should You Get a Car Accident Lawyer?

There are several instances when you should contact an experienced car accident attorney.

Sometimes, you may know that you need an attorney immediately. You may also discover that you need more assistance than expected as you pursue your claim.

Ideally, you should get in touch with a car accident lawyer as soon after your accident as possible to maximize the benefit of working with an attorney. You should call in a car accident lawyer when:

  • Liability in the accident is disputed, with the other driver or their insurer claiming that you partly caused the accident.
  • You suffered severe injuries in the accident, and you know you need as much compensation as possible to help pay for your medical expenses.
  • Your medical bills exceed $10,000.
  • You expect future medical expenses.
  • The insurance company’s lowball offer does not reflect the compensation you know you deserve for your injuries.
  • Do you have any questions about the legal process, including how much compensation your injuries are really worth or how to pursue compensation for injuries in addition to compensation for medical bills associated with the accident?

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How Can a Top Car Accident Lawyer Help?

A car accident lawyer can be an invaluable asset when negotiating with insurance companies. By having a qualified lawyer by your side, you can greatly improve your chances of obtaining a fair and just settlement. Insurance companies are known for trying to take advantage of individuals who may have limited experience handling these situations. Without proper guidance, you may be disadvantaged during the negotiation process.

A car accident lawyer will serve as your front-line defense and advocate. They possess the necessary knowledge and expertise to navigate through the complexities of insurance claims. They will assist you in understanding the intricacies of your specific case, including determining the full extent of your damages and calculating a fair amount of compensation.

One of the key ways in which a car accident lawyer can help is by ensuring that your rights and interests are protected. They will handle all communications with the insurance company on your behalf, preventing you from being taken advantage of or coerced into accepting a low settlement offer. This allows you to focus on your recovery and well-being while they handle the legal aspects of your case.

Victims With Personal Injury Lawyers Get More Money

Additionally, studies have consistently shown that individuals who retain an attorney are more likely to receive a larger settlement than those who attempt to negotiate with the insurance company. This is because lawyers have a thorough understanding of personal injury laws, are skilled in building strong cases, and have experience in dealing with insurance adjusters. They will use this expertise to aggressively pursue the maximum compensation you deserve.

Furthermore, many car accident lawyers, like us, offer free consultations to review your case. During this initial meeting, they will assess the details of your accident, evaluate the strength of your claim, and provide you with valuable advice on the best course of action. This allows you to decide whether to proceed with legal representation without any obligations or financial commitments.

If you believe that your insurance company is not providing fair compensation for your car accident, it is strongly recommended that you reach out to a car accident lawyer. They will fight tirelessly on your behalf, aiming to maximize your settlement and ensure that you receive the compensation you rightfully deserve. Contact us today for a free, no-obligation case review to discuss your options and protect your interests.

The First Steps in Dealing with the Adjuster

If you plan to handle your car accident claim on your own, make sure that you take photos of the damage to your vehicle, the scene of the accident, and any injuries you suffered ahead of time.  Having photo evidence can help validate and prove your case.

Adjusters will need evidence to evaluate your case before any settlement discussions take place. Typically, a car accident victim should furnish the adjuster for the negligent person the following:

  1. The police report and names of witnesses
  2. Photos of the damage to your vehicle and any injuries
  3. Copies of medical bills and records from every place that treated you.
  4. A lost wage statement from your employer, if applicable.
  5. Estimates for the property damage claim.

An offer will be extended only after an adjuster is certain of liability and has a handle on your damages. Negotiation is often stalled simply because the adjuster has not interviewed the insured. It can be very frustrating to the victim, but the other person’s insurance company owes you no duty in Texas.

Do not expect the adjuster to care about the delay’s inconvenience. In the event of a delay, you may need to obtain a rental car or other transportation on your own.

settling a car accident case

Damage Calculations

To negotiate a car accident claim on your own, you need to have a good idea of how much compensation you should expect. With car accident claims, damages break down into two key types. Economic and non-economic damages.

One important consideration for settling your car accident injury claim without an attorney is to make sure you have an idea of what your case is worth. If you don’t value your case correctly, you can end up accepting much less than your case’s worth, or overvalue your case in negotiations with the insurance company, in effect stalling the negotiations.

What Damages Can I Get in Texas?

In general, accident victims caused by the negligence of others are entitled to seek both economic and non-economic damages.

Economic damages cover expenses such as lost wages, medical bills, and out-of-pocket expenses.

Non-economic damages are harder to value and include things like pain and suffering, mental anguish and trauma, disability, disfigurement, and more.

What Factors Does the Adjuster Consider in a Car Accident Settlement?

The main factors that the insurance company will consider when valuing your case are the following.

  • How bad the impact looks based on photos of the damage to the vehicles
  • Your total medical expenses
  • When you first saw a doctor
  • How long have you been treating?
  • The diagnosis and prognosis of your treating physicians
  • The amount of their insurance coverage

How Much Should You Ask For in Settlement?

As part of your initial demand, you should calculate all of your medical costs, all your financial losses, and the pain and suffering associated with your accident. Keep in mind that, bearing special circumstances, the insurance company will offer you less than you asked for initially. Settlements must be fair to both sides to work.

If you ask for too little, you will have bread left on the table. However, if you ask for an amount clearly outside the norm, the negotiations will stall after their expected lowball offer as they feel they are wasting their time trying to settle with you.

How Do Insurance Companies Decide on Settlement Offers?

Insurance companies are not out to offer fair settlements. They are for-profit companies, and the amount they pay out on a claim must be justified and fit within a specific criterion for them to approve the amount.

You can expect an initial offer to be substantially lower than the value of your case. An additional factor is whether an attorney represents you.

Attorneys have the leverage of asking a jury to award an amount that the insurance company will not agree to pay. People who are trying to settle their case without the assistance of an attorney do not have that same leverage.

Another factor that the insurance company will evaluate is the reputation of the lawyer that you choose if you elect to hire one.

How Do I Raise Facts to Help My Negotiations?

The most effective way to make a lasting impact on settlement negotiations is to provide documentation that supports your position. For example, if they are contesting responsibility for causing the accident, having witnessed statements that back up your side of the story can be very helpful.

Additionally, if they dispute your medical treatment, having a narrative created by your treating physician outlining why you required the treatment and the nature of your injuries can be a powerful aid in negotiating your claim.

Arguing with an adjuster usually is not productive. Focus on what you can prove and keep your expectations realistic.

Document Your Claims

Another critical point to emphasize is the impact of missed work on both you and your family. Talk about the big wages you have lost. Explain how this loss has affected your financial stability. Also, describe how it has impacted the well-being of those who depend on you. Not being able to work can cause significant financial stress. This illustrates why it’s essential to receive fair compensation for the financial impact on your income.

During negotiations, it’s essential to clearly express your need for fair compensation for your injuries and losses. Emphasize that you seek a resolution that fully addresses the physical, emotional, and financial hardships you have endured. Emphasizing these points helps the insurance company recognize the need to compensate you fairly, taking into account your specific situation.

Read More: What is the Average Truck Accident Settlement in Texas?

Why Do Most Personal Injury Claims Settle Out of Court?

Most personal injury claims settle outside of the court system for several reasons. Firstly, settling out of court is generally faster than going to trial. Trials can be lengthy and may take months or even years to reach a verdict. By opting for a settlement, both parties can resolve the matter more efficiently.

Settling out of court typically takes less time and is usually less expensive for both the plaintiff and the defendant. Court proceedings involve various costs, including attorney fees, court fees, expert witness fees, and other related expenses. By avoiding a trial, the parties involved can minimize these financial burdens, thereby saving on costs.

Settlements Can Be Beneficial – In Some Circumstances

It’s usually safer to settle a personal injury claim outside of court. This is true for both the injured person and the person being sued. Trials come with inherent uncertainties as a jury or judge determines the outcome. By settling, both sides can better control the outcome and avoid the uncertainty and risks that come with going to court.

Lastly, it is important to note that trials can be extremely stressful for all parties involved. Presenting a case and facing tough questioning in a trial can be very stressful and difficult. Choosing a settlement can reduce stress and sometimes lead to a more favorable outcome for the personal injury claim.

Attorneys look at case details and settlements. They advise clients on whether to accept a settlement or go to trial. This helps clients choose the best option for their situation.

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Common Mistakes to Avoid When Making an Injury Claim After a Car Accident

When handling a car accident lawsuit, avoiding common mistakes is important. This applies whether you have a lawyer or are representing yourself. Avoid the following missteps to increase your chances of a successful claim:

  • Get medical referrals from trustworthy sources rather than being directly recommended by your lawyer. Use doctors you trust and have a relationship with, if possible.
  • If you hire an attorney, always tell your attorney about prior claims, previous treatment, or injuries to the same area, and any issues you have with the law. If your lawyer knows about those things, they can deal with them; however, if your lawyer does not know about those things, that can hurt your case.
  • Stretching your lost wages or loss of earning capacity. It is not unheard of for an insurance company to authorize surveillance of an accident victim. Frequently, they will wait with video cameras to attempt to catch you doing some physical activity that they hope you will deny that you can do.

Negotiation Tips for Your Injury Claim

Ready to start negotiating? Keep these tips in mind.

  • Plan for a fair settlement. A car accident claim is designed to compensate for the financial and other losses you faced due to your injuries, not necessarily to offer you a windfall.
  • Know when you’ll accept a counteroffer and when you would prefer to continue to negotiate.
  • While negotiating, refrain from sharing information about your accident on social media. Avoid any statement that might accept liability for the accident or appear to diminish the extent of your injuries.
  • Give immediate feedback to lowball offers. Something like “Are you kidding?” or “Is that all?” will let the adjuster know the offer is unacceptable.
  • Understand that with a minor injury, there is a limit to what an insurer will pay voluntarily. If your injury is minor, you should have a personal injury lawyer.

Don’t consider a quick injury settlement with “estimated medical expenses” when you know you will get further medical care. This approach shifts the risk of loss to you. Consider a free consultation with a truck accident attorney near you.

Why hire OUR FIRM instead of other injury law firms in Houston?

Baumgartner Law Firm is unique because we focus on our clients and not on our profit level. We do not take on a high volume of personal injury cases. Instead, we focus on maximizing the clients’ compensation by taking fewer cases and fighting fiercely for a full settlement. When you call Baumgartner Law Firm, you will deal directly with an Attorney with over 40 years of experience. Not paralegals, not assistants. This client-focused strategy ensures you get the representation you deserve for your case. And you can be certain that a top-rated lawyer handled all your details. You will not be a case number to us but a friend.

Get Help from a Houston Trucking Accident Attorney

Did you suffer serious injuries in a Houston accident? If you want to maximize the compensation you can recover for your damages, contact our award-winning Texas truck wreck law firm in Houston for a consultation on your rights and options.

(281) 893-0760

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About Greg Baumgartner

Truck accident lawyer Greg Baumgartner
Greg Baumgartner is a preeminent rated personal injury lawyer based in Houston, Texas, with over three decades of experience representing severely injured clients in truck accidents. He founded Baumgartner Law Firm, in 1985, with a mission to provide excellent legal representation and personalized attention to every client.