Getting injured in an accident can result in intense physical pain. In some cases, you may have to deal with disability or permanent disfigurement. You will undoubtedly have to go to many doctor’s appointments. You will have to miss time from work, and you may even need surgery.
If your injuries were caused by the negligence of another person, you are entitled to compensation from their insurance company. Collecting that money can be challenging. Clayton personal injury lawyer, Pendergrass Law advises potential clients to consider hiring a personal injury attorney, because they can often maximize compensation on your behalf. Typically clients will gain more compensation, even after the attorney’s cut. In addition, if a personal injury attorney takes you on as a client, you pay nothing up front.
How The Insurance Process Works
When you first have an accident, you should visit your doctor to see if anything is wrong. If you are injured, you will contact the insurance company of the negligent party. You will give the company some basic information about the accident and yourself. The case will be assigned to an adjuster. They will have you fill out paperwork and send in the documentation you have from the accident. That documentation may include the following:
- Accident reports
- Medical bills
- X-rays
- Physical therapy progress reports
- Documentation of lost wages
- Bills from at-home services that you have needed
- Receipts for medication
Once the insurance adjuster receives your documentation, they will begin your investigation. They may call you back and ask you a bunch of questions, but you are not obligated to answer any of them. They may try to get your permission to record the telephone conversation, but most attorneys will tell you not to let them.
The insurance adjuster will investigate the case. If they approve your claim, they will offer you a certain amount of money. It is never a good idea to accept this money without talking to an attorney. An attorney can advise you as to whether or not the amount they have offered you is fair. In most cases, it will not be as much as you should get.
Common Challenges in Dealing with Insurance Companies
When it comes to personal injury cases, there are several common challenges that individuals may encounter when dealing with insurance companies. Knowing about these challenges can help you understand why hiring a personal injury attorney is crucial to protect your rights and maximize your compensation.
- Claim Denials: It’s not uncommon for insurance companies to deny valid claims or dispute liability, even when there is clear evidence of negligence. They may try to find loopholes or argue that the accident was partially your fault. Experienced personal injury attorneys know how to challenge these denials and fight for your rightful compensation.
- Undervaluation of Injuries: Insurance companies often employ tactics to undervalue the severity and impact of your injuries. They may downplay the long-term effects or offer a settlement that falls far short of covering your medical expenses, lost wages, and other damages.
- Delayed Responses: Time is of the essence in personal injury cases. Unfortunately, insurance companies may drag their feet when it comes to responding to your claim or processing the necessary paperwork. These delays can be frustrating, especially when you’re dealing with mounting medical bills and financial burdens. One huge benefit of working with a personal injury attorney is that you can rely on their expertise to push the insurance company for timely responses and keep your case moving forward.
- Intimidating Negotiations: Insurance adjusters are skilled negotiators who may try to pressure you into accepting a lowball settlement. They may use tactics to undermine your claim or exploit your lack of legal knowledge. Without proper representation, it can be challenging to navigate these negotiations effectively. A personal injury attorney is well-versed in negotiation strategies and will fiercely advocate for your best interests, ensuring that you’re not taken advantage of during this critical phase.
- Complex Legal Procedures: The legal landscape surrounding personal injury claims can be intricate and overwhelming for someone without legal expertise. From understanding the applicable statutes of limitations to filing the necessary paperwork and meeting procedural requirements, there are numerous legal hurdles to overcome. A personal injury attorney will guide you through each step of the process, ensuring that all legal procedures are followed correctly and maximizing your chances of a successful outcome.
A personal injury attorney can help level the playing field against insurance companies, ensuring that your rights are protected and that you receive the compensation you deserve.
The Role of a Personal Injury Attorney in Negotiating with Insurance Companies
A personal injury attorney plays a vital role in negotiating with insurance companies on behalf of their clients. Additional ways that they can help are as follows.
Advocate for Fair Compensation
Personal injury attorneys fight to ensure their clients receive fair compensation for their injuries, damages, and losses. They assess the true value of the case, considering medical expenses, lost wages, pain and suffering, and other relevant factors. They negotiate with insurance adjusters to obtain a settlement that accurately reflects the client’s needs and the extent of their damages.
Gather and Present Evidence
Attorneys gather essential evidence to support the client’s claim, such as medical records, accident reports, witness statements, and expert opinions. They present this evidence in a compelling manner to establish liability and the full extent of the client’s injuries. This thorough preparation strengthens their negotiation position and enhances the likelihood of a favorable outcome.
Navigate Complex Insurance Policies and Laws
Insurance policies and laws can be intricate and confusing. Personal injury attorneys have a deep understanding of insurance law and stay up-to-date with relevant regulations. They interpret insurance policies, identify applicable coverage, and ensure that the insurance company honors its obligations. This expertise enables them to effectively negotiate within the legal framework and protect their clients’ rights.
Handle Communication and Negotiation
Attorneys act as a buffer between their clients and insurance adjusters, managing all communication with the insurance company. They skillfully negotiate with adjusters to protect the client’s interests and counter any attempts to undervalue or deny the claim. Their expertise in negotiation tactics allows them to present a strong case, increasing the likelihood of reaching a favorable settlement.
Prepare for Litigation, if Necessary
In cases where insurance companies are unwilling to offer a fair settlement, personal injury attorneys are prepared to take the matter to court. They have the knowledge and experience to navigate the litigation process effectively. They gather additional evidence, prepare legal arguments, and represent their clients’ interests in front of a judge and jury, if required.
Having a personal injury attorney as a partner can maximize the chances of obtaining a favorable settlement and, if needed, successfully litigating the case.
Aren’t Lawyers Expensive?
Your initial consultation with a personal injury attorney will normally be free. They will charge you on a contingency basis, so you won’t have to pay them if you do not receive compensation in your case.
Most personal injury cases are settled out of court, but If you have to sue, a personal injury attorney will know what questions to ask witnesses, what evidence to look for, and how to make an argument to a jury.
Accident injuries can be horribly painful. The right attorney can maximize your compensation for your injuries so that you can move on from a traumatic period in the best possible way.