Insurance companies and car crash settlements
It is common knowledge that insurance companies can be insensitive when it comes to full settlements. Big insurance companies are more inclined to do a partial settlement and get away with it. Studies show that on average about 70% of the personal injury cases are not addressed reasonably by the companies.
One of the major reasons being misrepresentation from the victim’s side. Car accidents can leave the victim in great personal loss both health-wise and monetarily. Loss of payments and consortium and loss of quality of life are some of the damages a car crash victim can suffer.
The victim has to follow the claim meticulously and make sure that every rightful penny is being awarded by the insurance companies. In some cases, the personal injury claim trials can be represented by the victim himself/herself.
While in complicated cases, an experienced attorney is the best option to fight the legal battle. This is because fighting a case against big insurance companies is not always a common man’s cup of tea; it may require tremendous know-how and experience to do so.
Some insurance agents might even go to the extent of intimidating the crash victim so that the victims come to terms with the demands of the company. These threats can be in the form of out-of-court bargaining for a lesser settlement or influencing the victim’s attorney appearing for the case.
Considering such situations, it is always important to choose your attorney very carefully.
Is the road to a full settlement easy?
This is a question asked by many crash victims sustaining personal injuries. The answer is again no. The legal process can be lengthy and tedious. The victims need to be prepared for any sorts of false accusations against them by the defendants’ lawyer. The evidence produced can be sometimes not enough to follow up the case to the fullest.
In such scenarios, the victim might be required to go to any extent to provide the proper evidence to their respective lawyer.
The experience of the lawyers also matters a great deal. With well-experienced attorneys such as this Miami car accident attorney by your side, the legal battle can be smooth and easy. Aggressive attorneys, who are restless until they bring a positive outcome, are the key instruments in winning a full settlement. So, be very mindful of the lawyers you pick since their skills will be the deciding tools whether or not you get justice.
Immediately after an automobile wreck, you may feel scared, hurt, and overwhelmed. If the accident resulted in considerable vehicle damage, injury, or death, you must report to the local police – mandatory in all states. Check if other passengers and drivers need medical attention, and call 911 without delay in such circumstances. Once things feel okay, you need to consider hiring a car accident attorney for legal representation. In this post, let’s talk about why legal representation is so important after a car crash.
You need advice
While your friends and family can be supportive during your recovery, only an attorney should advise on legal matters. It matters if you live in a fault state. If the other driver was clearly at fault, you could file a claim with their insurer to get compensation for your losses. However, car accidents are rarely simple. If you had a share in fault or when there were multiple drivers and vehicles involved, things can be murky. Let an attorney investigate the case and offer their opinion on what to expect from your claim. More importantly, they can tell whether you have a claim in the first place.
Proving fault and liability
States either follow a “modified” or “pure” comparative fault rule. If you had a role in causing the accident, your settlement would be much lower as per both rules. However, when you share more than 50% of the fault, you cannot recover anything at all in a modified comparative fault state. Establishing fault and liability is often the toughest part in car accident cases. It would be best if you had a lawyer to take care of the investigation in a professional manner. They may even go for options like accident reconstruction to prove both fault and liability.
Working with insurance companies
Most insurance companies have huge legal resources at their disposal. The claims adjuster will try to minimize what’s paid in settlements, and for that, they often adhere to unfair tactics. If you don’t have an attorney, you have to deal with the insurance company, which can be a tough experience. Because they are dealing with losses and financial distress, victims often accept whatever is being offered – not the compensation they deserve.
As you have guessed, hiring an accident attorney is advantageous in many ways. You should consider getting a lawyer soon after the crash so that they can start gathering evidence without delay. Personal injury lawyers typically don’t charge a fee until they have won, which is a big advantage.