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The biggest mistakes people make when handling a personal injury settlement on their own include accepting a low first offer, failing to negotiate, overlooking documentation, and unknowingly signing away future claims. These errors often result in a payout that’s far lower than what an experienced attorney could secure through the personal injury settlement process.
If you’ve recently been injured in a crash, you might be wondering not only if it is dangerous to drive in Phoenix, but also whether you should try handling a claim by yourself. While it’s perfectly legal to represent yourself, navigating insurance adjusters, complex medical evidence, and hidden legal fine print can put your financial recovery at risk.
Working with a reputable Phoenix car accident lawyer gives you an advocate who understands the tactics insurance companies use. Attorneys know how to maximize your claim, protect you from common traps, and guide you through each step of the settlement process so you don’t leave money on the table.
Soon after an accident, the insurance company for the person at fault will contact you. They will ask for a statement and try to gather information that will reduce the value of your claim. They may also make an offer to settle.
While it may seem like a faster way to get your money, an insurance company’s first offer is never their best. Personal injury lawyers can negotiate higher settlements. Studies by the Insurance Research Council, government agencies, and academic institutes repeatedly show that those who hire an attorney receive an average of 3.5 times more in a settlement than someone who negotiates for themselves.
Settlement negotiations might take longer than you want, and you might have to pay a contingency fee, but the amount you take home will still likely be more than if you settled with the insurance company by yourself.
For example, let’s say the insurance company initially offers $10,000 to settle quickly. An attorney may be able to negotiate $30,000 for your injuries based on the 3.0 multiplier proven by research. Even after they take a one-third legal fee out of the payment, you still take home more than $20,000. This is twice what you might have accepted if you didn’t have an attorney!
Mistake | Why It Hurts Your Case | Example Outcome |
---|---|---|
Settling too quickly | Accepting the first offer means you likely leave money on the table | $10,000 payout vs. $20,000+ with negotiation |
Not negotiating hard enough | Insurance companies assume you’ll accept less | Adjuster refuses to budge without pressure |
Missing documentation | Lack of medical reports or witness statements weakens your claim | Compensation reduced due to “insufficient proof” |
Overlooking legal deadlines | Late filings can void your case | Claim denied for missing statute of limitations |
Signing fine print too soon | Cashing a check may waive future rights | You lose eligibility for additional medical costs |
Negotiation skills develop over time and with practice. A good negotiator will be confident in settlement discussions. Insurance companies may ask misleading questions to get you to say or do something that will weaken your position. When they are sitting across the table from a tough negotiator, an insurance company will take the situation more seriously. They will be less inclined to push an unfair deal.
Personal injury attorneys have years of experience and know how to manage settlement negotiations to suit their client’s best interests. They will be by your side and advise you on how to respond to questions.
Without enough documentation (e.g., police reports, medical records, witness statements, wage loss evidence, etc.) and photos from an accident, it may be difficult to prove the extent of your injuries. An attorney will ensure you don’t accidentally overlook critical evidence or miss an important filing date.
You may receive a check that you think is meant to cover some of your medical expenses. What an insurance company won’t always explain clearly is that if you cash the check, you may be agreeing to drop your claims for additional compensation.
These terms are often buried in the fine print of a general release you will be asked to sign in exchange for a payment. A personal injury attorney will ensure you don’t fall for this trick.
Personal injury cases can be challenging, especially if you are unfamiliar with the legal system or the intricacies of insurance negotiations. Insurance companies are in the business of making money. They will try to negotiate the lowest settlement possible. They have teams of attorneys and investigators whose only job is to get the best deal possible for them–not you.
If you are still having doubts about whether you should hire a lawyer for an insurance claim dispute or not, call Gage Mathers for a free consultation. We will walk you through the process and give you an honest opinion about your situation based on our years of experience. Over the years, we have recovered more than $275 million for our clients. Learn how we can help you, too!
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