Common Mistakes in Settlement Evaluations Without a Lawyer

Good lawyers are expensive, but not using a reputable Phoenix car accident lawyer can be even more costly if you don’t get the compensation you deserve. While it is perfectly legal and tempting to represent yourself after you’ve been injured, it is easy to make critical mistakes during settlement negotiations that could harm the outcome of your case.

Mistakes commonly made by people who don’t hire a lawyer for their personal injury settlements include settling too quickly and for too little, not negotiating hard enough, settling a claim without realizing it, and not providing needed documentation or following the correct legal process. 

Don’t Take the Money and Run

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!

Complicated Negotiations

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.

Supporting and Processing Your Claims

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.

Deceived by Fine Print

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.

In Conclusion

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!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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