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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.
If you choose to represent yourself with a car accident injury claim, follow these tips.
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:
There are several instances when you should contact an experienced car accident attorney.
Sometimes, you may know that you need an attorney immediately. Other times, you may 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:
A car accident lawyer can be an invaluable asset when it comes to 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 in handling these types of situations. Without proper guidance, you may find yourself at a disadvantage during the negotiation process.
By working with a car accident lawyer, they 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 keyways 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 being 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.
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 on their own. 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 pursue the maximum compensation you deserve aggressively.
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 make an informed decision on 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.
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:
Only after an adjuster is certain of liability and has a handle on your damages will an offer be extended. Negotiation is often stalled simply because the adjuster has not interviewed their insured. It can be very frustrating to the victim, but in Texas, the other person’s insurance company owes you no duty.
So do not expect the adjuster to care about the delay’s inconvenience. You may need to obtain a rental car or other transportation on your own in the event of a delay.
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.
Special damages include all the damages you can calculate directly. They have a specific monetary value, usually based on financial losses you have faced after the accident. These include:
General damages are damages that you might not have the ability to calculate directly. General damages, also known as “pain and suffering,” include the non-financial losses and suffering you faced due to your accident and your injuries.
General damages may include physical pain, emotional anguish, or general losses caused by the crash, including factors like the loss of enjoyment of life or the loss of specific, anticipated activities you expected to enjoy.
Usually, general damages are based on a percentage of your special damages, usually based on the medical costs associated with your claim. The more you suffered as a result of your accident and the more severe the injuries, the more you may need to claim for compensation.
In a car accident settlement, multiple factors are considered to ensure a fair and comprehensive resolution. These factors typically include the extent of your injuries, the pain and suffering you experienced because of the accident, as well as any physical or emotional damages. The settlement will also account for the damage sustained by your vehicle and any financial losses you may have incurred, such as missed wages due to your inability to work. It is important to note that car accident settlements involve a complex evaluation process that considers various aspects to ensure that all relevant factors are appropriately addressed.
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 left bread 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.
Insurance companies determine settlement offers by considering physical damages, such as medical bills and property damage, and emotional damages, including pain and suffering. Claims adjusters carefully assess the extent of these damages to determine the initial value of a claim. Insurers usually start with an offer that is only a percentage of what they think the final value should be. This approach is strategized to minimize payouts and protect the insurance company’s financial interests.
To strengthen your position in negotiations, focus on the most important points of your case. Instead of rehashing undisputed facts, concentrate on the key factors that will strongly support your position.
If you have a serious injury needing long-term care, it’s important to talk about how it will affect your life and finances. Explain how your injury impacts your daily life and the challenges you encounter that require continued medical care. Show how fair compensation for your injuries and losses is important by explaining the long-term effects.
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 causes financial stress. This shows why it’s important to receive fair compensation for the impact on your income.
During negotiations, it’s important to express your need for fair payment 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 fairly compensate you based on your situation.
Most personal injury claims often 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 for a verdict to be reached. Both parties can resolve the matter more efficiently by opting for a settlement.
Settling out of court takes less time and is usually cheaper for both the person suing and the person being sued. Court proceedings involve various costs such as attorney fees, court fees, expert witness fees, and other related expenses. By avoiding a trial, the parties involved can minimize these financial burdens, allowing them to save on costs.
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 the outcome is determined by a jury or judge. 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 lead to a friendlier solution 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.
When handling a car accident lawsuit, it’s important to avoid common mistakes. This applies whether you have a lawyer or are representing yourself. Avoid the following missteps to increase your chances of a successful claim:
Avoiding these pitfalls can help ensure a smoother and more favorable resolution to your car accident lawsuit.
Ready to start negotiating? Keep these tips in mind.
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.
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 38 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.
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.
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