Expecting to get the money you deserve after a car accident is a little naive.
Insurance companies employ large staffs whose primary job is to pay out as little as possible. They know the tricks and the loopholes and expect you to be ignorant of your rights.
Truth bomb…
Working with a car accident attorney can make a world of difference in your personal injury claim. The difference in taking on an insurance company yourself versus having a skilled advocate in your corner can be tens of thousands of dollars.
Let’s dive in…
What you’ll learn
- Why Car Accident Compensation Is Not Simple
- How Car Accident Attorneys Help You Get the Most Settlement
- The Factors that Determine Your Car Accident Settlement
- Steps to Take After a Car Accident
Why Car Accident Compensation Is Not Simple
Car accidents are sudden. The resolution is not.
According to NHTSA estimates, an estimated 39,345 people died in traffic crashes in 2024. Millions more suffered injuries from minor whiplash to life-changing trauma. For every single one of those individuals, there are medical bills, lost wages, and insurance claims.
And this is where things get messy…
Insurance adjusters are professional negotiators. Their job is to settle claims as quickly and inexpensively as possible. When you’re trying to heal from injuries and return to your normal life, you’re not in the strongest position to battle it out with an experienced claims adjuster.
That’s why experienced personal injury firms like Fielding Law Auto Accident Attorneys make such a difference in car accident claims. They know how insurance companies work and have a thorough understanding of how to overcome their strategies.
The average car accident settlement with injuries comes out to around $30,416. But that number is meaningless on its own. Small fender-benders can settle for less than $10,000. Catastrophic injuries can put settlements in the over $1 million range.
What makes a case fall on one end of the spectrum versus the other? A lot of factors.
How Car Accident Attorneys Help You Get the Most Settlement
Car accident attorneys are your secret weapon. They do so much more than filing paperwork.
Here’s what’s going on behind the scenes…
Evidence Gathering: Attorneys work to collect police reports, medical records, witness statements, and photographs of the accident scene. The more documentation that is in your favor, the better during settlement negotiations.
Damage Assessment: Medical bills are only the beginning. An experienced attorney will work to calculate future medical expenses, lost earning capacity, pain and suffering, and mental anguish. People undervalue their claims because they are often unaware of what they are entitled to.
Negotiation Leverage: Insurance companies play hardball against the average person. The prospect of a lawsuit and an experienced attorney changes the nature of the conversation.
Trial Preparedness: When negotiations reach a dead-end, having an attorney ready and willing to go to court gives you an edge that people who try to represent themselves lack.
The process itself is simple enough, right?
It’s not just about finding a good lawyer either.
The Factors that Determine Your Car Accident Settlement
Every accident is different. The payout you end up with depends on various factors that all intersect.
Severity of Injuries: Injuries sustained are the most significant factor. The more serious the injuries, the more extensive the medical treatment, surgeries, or long-term rehabilitation needed, the higher the settlement. Spinal cord injuries, traumatic brain injuries, and permanent disabilities are a much bigger payday than soft tissue injuries.
Medical Records: Good medical documentation is vital. If there are gaps in your treatment or you don’t seek medical attention until long after an accident, it hurts your case. Insurance companies love to exploit any gaps in treatment as evidence the injuries aren’t serious.
Fault Determination: Liability is the central issue of who caused the accident. If the other driver is clearly at fault, it strengthens your case. Fault is split in many states, so if you share a portion of the blame for the accident, it can reduce your compensation.
Insurance Limits: The at-fault driver’s insurance policy sets a cap on what is possible to recover in many cases. Underinsured and uninsured motorist coverage becomes vital if the responsible party has limited or no insurance.
Lost Wages: Compensation for lost income applies if injuries kept you from working. Lost earning capacity applies when an injury permanently affects the ability to work.
Pain and Suffering: Physical pain, mental anguish, anxiety, depression, and diminished quality of life are non-economic damages that you are entitled to in an injury claim. Non-economic damages become a large part of bigger settlements.
Steps to Take After a Car Accident
Want to position yourself to get the most compensation possible? Do things right from the start.
Seek Medical Treatment: Even if you feel fine, go to the doctor. Symptoms of certain injuries don’t always present themselves right away. Medical records from day one are important in validating a claim.
Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. Get contact information from witnesses. Request a copy of the police report.
Don’t Give Recorded Statements: Insurance adjusters may request recorded statements. Decline politely until after you’ve spoken with an attorney. Anything you say can and will be used to minimize your claim.
Don’t Accept Early Settlement Offers: That first offer the insurance company makes? You can bet it is a lowball offer. They know that you are likely in a hurry to close the claim and don’t understand what it’s actually worth.
Contact an Attorney Early: The sooner you involve a professional, the better your case positioning will be. Evidence degrades. Witnesses’ memories fade. Medical records require organization early on.
Wrapping Things Up
Getting compensation after a car accident is not something to tackle alone.
The numbers don’t lie. Millions of accidents occur every year. Each accident has an individual who is facing an uphill battle against well-funded and practiced insurance companies who have the goal of minimizing what they have to pay out.
A competent car accident lawyer evens the playing field. They handle the legalities while you focus on healing and moving forward. They know the value of your case and will fight to get it for you.
The right representation doesn’t just increase the size of your settlement. It can also take away the stress of having to deal with adjusters, paperwork, and legal deadlines when you should be recovering from an accident.
Don’t wait. If you have been hurt in a car accident, contact an attorney as soon as possible. The actions you take in the days and weeks immediately following an accident can impact the overall outcome of your case.
Get the help you need. Protect your rights. Maximize your car accident compensation.
