Should I Settle My Car Accident Case on My Own?

By Ryan Y. Cunningham | October 15, 2019

Every now and then, a client will call and ask if he or she really needs to hire a lawyer to settle a “fender bender.” After all, isn’t it faster and easier to just settle your car crash claim yourself?

In a word?

No.

Anyone injured in a car accident case should immediately review their accident case with an experienced car accident lawyer. There are many factual, legal, and practical arguments that experienced car accident lawyers will make on your behalf which often increase the value of your claim, even after the lawyer has taken his or her fee. Trust us when we say that settling on your own is not likely to lead to the outcome you hope to get.

The dangers of settling a claim on your own

Once you settle your car accident case, you can’t go back and ask for money if you missed anything. Some of the items clients are likely to miss if they settle the case on their own are:

  • Even minor injuries take a good time to heal. Major injuries such as spinal cord damage and brain trauma may never fully heal. It’s essential that you understand the full scope of your medical problems. As a general rule, you shouldn’t settle your claim until a proper diagnosis has been made, a treatment plan has started, and your doctor has explained the long-term issues and timeline for your recovery. The better time to settle is when it is clear that additional medical help won’t improve your health or until your injuries have resolved.
  • It is critical that the correct evidence be investigated as soon as possible. If you try to settle your claim and the settlement falls through, then you may have lost valuable evidence. Experienced legal counsel investigates the car accident scene, reviews the police reports, determine who may be liable, speaks with all relevant witnesses, takes photographs of the accident site and the vehicles, and takes other steps to protect your claim. We help determine how the accident happened and why it happened.
  • You may lose rights against other responsible parties. If there are multiple people responsible and you settle with one insurance company, you may lose your right to collect from other insurance companies.
  • Many cases are decided on legal issues. Insurance company adjusters will try to argue you were partially at fault for the accident. They may assert defenses on their insured’s behalf that don’t apply. Adjusters may misrepresent their client’s situation and liability. Experienced car accident lawyers understand which legal arguments are legitimate and which ones are not.
  • You likely won’t value your claim correctly. Each of the following parts of your damage claim need to be evaluated correctly:
    • Your medical bills. In addition to surgeries and doctor visits, many car accident victims need extensive treatment with physical therapists, occupational therapists, and other therapists. Some need to consult with psychiatrists and psychologists.
    • Your lost wages. Income loss includes the amount of money you lost through the date you settle your claim and any future income loss because you can’t do your job. Future income loss can’t be determined until you know the full status of your injuries.
    • Your pain and suffering. Pain and suffering settlements are usually based on what people with similar injuries have been paid in prior verdicts. Our Oklahoma City car accident lawyers understand what pain and suffering is worth, and how to properly value these damages.
    • Other damages. You may be entitled to damages for scarring and disfigurement. You may be entitled to damages for your vehicle or property loss. You may be entitled to punitive damages if a driver was drunk or distracted.
  • There is an art to negotiation. Insurance companies don’t lead with their best offer. After all, they want to keep their money. We want to make sure you are offered a fair and just settlement.
  • Wrongful death cases are much different. If a family member tragically dies due to a car accident the damages, the value of the claim, the people who are entitled to file claims, and the people who can benefit from the settlement or verdict are different than when an injury victim brings his/her own case.

There are other reasons to hire experienced car accident lawyers to settle your case – or try it before a jury of your peers if the insurance company offer is not reasonable.

Experience matters. At Cunningham & Mears, our Oklahoma City car accident lawyers have been fighting for injury victims for 20 years. We have a strong track record of success settling cases for just verdicts. Our lawyers are paid on a contingency fee basis, which means we are only paid if we win your case or it settles to your satisfaction. To schedule your free consultation with a member of our team, call us at 405.212.9234 or fill out contact form to make an appointment.

 

Posted in Auto Accidents