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November 1, 2024 by Greg Baumgartner
This guide is for you if you want to handle your car accident injury case without an attorney. The saying “easier said than done” probably applies here. However, there are certain instances where you may not need an attorney to handle your claim. If the injuries are minor and it’s clear who is at fault, you can negotiate your car accident claim on your own. You may not need a lawyer in this case. This can save you money on attorney fees.
This guide will offer suggestions about determining the value of your case and some hands-on tips about handling the case yourself.
People handle their personal injury claims after a car accident all the time. The more claims experience a person has, the better. The question is, will I be better off with the lawyer or handling the case myself?
The general rule is that the worse your injuries are, the more you will need a personal injury attorney. A lawyer can help you get the most compensation. One of the worst mistakes you can make after being severely injured is to handle the claim yourself. Insurance adjusters pray for those who do not know the real value of their case. If an insurance company can settle a claim for pennies on the dollar, they will do so quickly.
One common tactic is when the insurance company contacts you. They often make an offer by “estimating” future medical visits. This strategy should limit the insurance company’s liability and put the risk on the victim.
Recent case law in Texas has held that oral settlement agreements may be binding. Don’t agree to an amount unless you are certain it is fair.
If you settle your case and your health insurance covers some medical bills, the insurance company will probably want you to pay them back. Always consider negotiating the payback amounts.
Preparation is the key to any negotiation. Being organized in settling your case will help you put your claim in context and help the adjuster respond quickly to it.
Here are a few steps you should take,
There are multiple factors that personal injury attorneys use to determine the value of the claim. There is no exact number or case. Instead, a range of experienced attorneys has learned over the years.
In Texas, medical expenses are limited to those “paid or incurred” and future medical expenses reasonably necessary. Paid means the amount your health insurance company paid plus the deductibles you paid. Incurred means unpaid medical expenses that still you owe any reduction write-offs.
Lost earnings refer to your earning capacity. This is the money you lost because you could not work while recovering from the accident. We suggest you get a lost wage statement from your employer for the dates you missed from work. If you are self-employed, proving your claim is much more challenging. The insurance company will review your medical records. They want to make sure you cannot work, not just that you are taking time off. A doctor’s note in your medical records indicating you were not returning to work or a few days should be enough.
Medical expenses and lost wages are relatively easy to calculate. Human damages such as pain and suffering, mental anguish, disfigurement, and disability are much more difficult to value.
You might hear people suggest using a multiplier to determine the value of your case. This depends on your medical bills and lost wages. That probably was accurate 15 years ago but does not apply today.
Here are considerations for valuing your injury human damages
Other considerations
Personal injury attorneys consider myriad factors when determining a range of values. Some of the more important considerations include the plaintiff or claimant themselves. Here are factors that experienced lawyers look at when valuing a claim:
First, gather all your medical records, photos, and the crash report. Then, you can start negotiating your injury claim with the insurance company. The insurance adjuster will need enough information to value your case.
After determining your case’s value, you can expect a low offer from the insurance company. Do not get mad, but consider this a negotiation. If your demands or expectations are outside of the realities, negotiations can be tough. If a personal injury attorney would value your case at one number and your demand on the insurance company is three times that number, negotiations are likely to go well.
If the adjuster believes your demand is out of the ballpark, they will move slightly from their lowball offers. If you demand too little, you have left money on the table.
Insurance adjusters are trained to handle personal injury negotiations. They also have the advantage of layers of resistance. The insurance adjuster will be given only so much authority to settle. Generally, a lawsuit must go beyond the adjuster’s initial claim authority. Folks representing themselves after car accidents just do not have the leverage of a trial.
It’s easy to lose your temper after you hear the first numbers from the insurance company. If you are friendly and easy to work with, you may have better luck with the adjuster. Even if you decline, a positive attitude can help you in a tough situation. The insurance adjuster has many claims open at once. They are less responsive to people who are argumentative or hard to deal with. Be nice to the adjuster.
Make sure that any claim you make is documented in the medical records or other records you give to the adjuster. If the adjuster says you didn’t need to go to those appointments, you can point out that the doctor recommended more treatment for you.
Summary
If your injury was minor, settling a personal injury claim from a car accident could be done without an attorney. If you need future medical treatment, consider hiring an experienced attorney. Studies show that people with lawyers get more money than those who try to settle on their own.
Please contact the car accident injury lawyers at the Baumgartner Law Firm for a no-obligation consultation – call 281-587-1111
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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