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Should I take the insurance settlement or hire a personal injury attorney?

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By Kentent


When you have been involved in a car accident and haven't consulted a personal injury attorney, you could be missing out on hundreds or thousands of dollars owed to you. Many times an insurance company will offer an insurance settlement that looks good to you. If you don't have a personal injury attorney to review the insurance settlement, you could be cut short. Insurance companies offer a minimal amount in a settlement in order to gain your signature stating that you will not sue them. Without having proper experience on your side, you could be signing away thousands of dollars that belong to you.

If you are involved in an auto accident, some of the best ways to protect yourself from an insurance company and gain the compensation you deserve are listed below:

  • Do not make statements to anyone, but the police. Offering a statement to a witness can damage your case if it goes to trial.
  • Do not admit liability. Let the police decide who was at fault.
  • Obtain all necessary documentation such as insurance information, names, address, phone numbers, license plates, etc.
  • Obtain the names and phone numbers of all witnesses. They can help your case if it goes to trial.
  • Take pictures of the accident scene. Having visual documentation is also a helpful tool for your case.


Knowing about your insurance can help too. If you are at fault for an accident, your liability coverage will pay the other driver for property damage and personal injuries up to your policy's limits. Depending upon your state, your medical bills, lost wages and other expenses are paid by your own insurance carrier. This is why it's a good plan to hire a personal injury attorney who knows how to deal with filing claims. Your claim needs to be filed within a short time after your accident; failure to do so may result in a denial of your claim.



Without an attorney, you will be dealing with an insurance adjuster directly. Make sure you have all the proper documentation ready to prove your claim. The adjuster has documentation of the facts, location, witnesses, medical treatments, and any expenses you encountered as a result of the accident. Most insurance adjusters gain that information directly from you, so be sure to document everything so you can give him/her the best possible information to help your case.

This is a great time to have an attorney, as they can help you assess the value of your claim. Sometimes the insurance companies try to push a settlement by making you an offer before you have even had a chance to talk about it or look at all the facts. Depending upon what state you live in, you have at least a year or more from the time of the accident in which to settle your claim or file a lawsuit.
If you feel you are being cheated by the insurance company, hire a personal injury attorney. You can draft a "demand letter" to the insurance company. Having a lawyer help you draft this letter will also help as they are educated in this field. You will need to write a letter that lays out all the facts, the liability situation, your injuries and medical treatment, all of your expenses, and any other special factors that need to be considered, and lastly you need to write out what you feel you deserve. Claims adjusters can easily put your claim aside as they work on another claim, they have hundreds of claims and you are not always their number one priority. Contacting your claim adjuster on a regular basis will make it more likely that your file will end up on the top of their pile. If you find yourself having difficultly with the adjuster, ask to speak with their supervisor. This will help end the run-a-round that you may have been getting previously. If the insurance company still does not respond to this or makes a lousy counter-offer, it will be in your best interest to hire a personal injury attorney.

Insurance adjusters have a settlement range, and they typically start from the lowest figure. Like any company, they want to spend the least amount of money, so they will try and settle for the smallest amount of money they can. Negotiations can take a long time and after awhile, once your agent hits the top of their range, you will not have any other offers from the insurance company. If you have reached an impasse, you need an attorney's help to get moving again. An impasse is when the insurance company and you are unable to reach an agreement and become deadlocked.

Having a personal injury lawyer will help determine if the settlement about you have in mind is reasonable. They will review all the facts and documentation and go over everything with you and reassume negotiations with the insurance company. Having an attorney on your side helps persuade the insurance company to work with you since they want to avoid a lawsuit. Your attorney can easily go up the chain of command from your insurance agent. An attorney can easily speak with the supervisor or the adjuster's manager and work with them to handle this case. Attorney's are usually great negotiators and have a way of working with insurance companies. You should also look into filing a complaint with the state department of insurance. Though, this will not bring you any money, it will be another thing you can use against the insurance company.

If negotiations fail and you and your attorney are convinced your case has greater value than the insurance company is saying, it is time to file your lawsuit. You don't want to go into a court battle against a large insurance company without proper representation on your side. Hire a personal injury attorney who wants to see you get the compensation you deserve.

Hiring a personal injury attorney with experience will help your case. If your insurance company knows your attorney does not have a lot of courtroom experience, they can take advantage of this. They will also try to pressure a settlement one more time that is lower from what you are seeking.

When choosing an attorney, start by doing some research to find a responsible, well-respected personal injury attorney. Ask for referrals from friends, family members or colleagues that you trust for their opinion of an attorney. A good attorney will listen to your story and will discuss how they can help you gain the compensation you deserve.

Many attorneys can be smooth talking when you first meet and can tell you how they can help and make false promises about how much money they will get you. However, many time's the most popular or sweet talking attorney is not the most qualified. Many of these type of attorney's are out to collect as much money as possible and will charge exorbitant fees if they take your case. This is where you need to be properly educated on your attorney and their history and experience.


After asking for attorney referrals from your friends, family, and colleagues, you should also contact the local Bar association in your area. The Bar association will maintain a listing of all responsible attorneys in your area and will also be able to recommend a good personal injury attorney.

Your personal injury attorney should listen to your needs. You should feel comfortable asking any question you want and expect to receive a well-educated answer in return. Your personal injury attorney and you should sit down and go through every detail of your car accident and discuss how you were wronged in the accident. Your personal injury attorney should take detailed notes and discuss how they will handle your case. Sometimes a law suit is not the best response to an injury and your personal injury attorney should advise you of this and suggest alternative solutions.

Your personal injury attorney should have extensive knowledge of personal injury law and have extensive knowledge in the field. Your attorney should also keep current with the latest developments in personal injury law and keep your case up to date with these developments.

When you are choosing your personal injury attorney, you should be satisfied with their services. Your attorney should promptly return your phone calls, communicate with you personally, and constantly keep you updated on the status of your case. Before you sign anything with your attorney, you should openly discuss your contract and fees. Most attorneys are paid out of your settlement. This is called a contingency lawyer. They don't earn money unless you win your settlement.

As you can see, having a personal injury attorney on your side is a great way to get the compensation you deserve. Having all the proper education and experience pays off in the end when you are discussing a settlement with the insurance company. Now that you know how insurance agents begin settling, you can see why you need a good personal injury attorney to negotiate for the proper compensation you deserve.


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scheng1  says:
4 weeks ago

That's true. At the very least the lawyer knows the "market value" of compensation

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