This guide is for you if you want to handle your Houston car accident injury case without the assistance of 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 a car accident claim without a lawyer. You may not need a lawyer in this case. Yet the more severe your injuries, the more likely you will need an attorney.
This guide will provide suggestions on determining the value of your case and offer hands-on tips on handling the case yourself.
When to represent yourself (and when not to)
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?
Severe injury- always get a lawyer
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 a fraction of its value, it will do so promptly.
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Helpful Tip: Be wary of Estimated Future Medical Expenses.
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.
Helpful Tip: Avoid Oral Settlement Agreements With the Adjuster Unless You Are Sure It Is Fair
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.
Helpful Tip: Be Aware of Subrogation Claims from Health Insurance Companies
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.
Read More: Common Adjuster Tactics in Car Wreck Injury Claims in Texas
Steps to take to negotiate a car accident injury claim without a lawyer
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,
- Obtain the crash report
- Take pictures of the damage to your vehicle (if possible)
- Get the necessary medical treatment
- Review your auto policy for potential benefits
- Be very careful in your communications with the adverse adjuster
- Take advantage of a free consultation with an attorney
How do you determine the value of your claim?
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.
Start with your medical expenses.
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 you still owe, including any reduction write-offs.
Add your lost wages
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.
Factoring human damages
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
- What does the treating physician say about the injuries?
- Were there objective findings in some tests, like an MRI?
- Was most of the treatment physical therapy or chiropractic?
- How bad does the property damage look?
- Are the injuries soft tissue, like whiplash?
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:
- The injury the plaintiff sustained
- Does the plaintiff have prior personal injury insurance claims?
- Is the liability clear for the accident?
- What kind of witness will the plaintiff make?
- Is the plaintiff truthful with the attorney?
- Are there other factors that can make a claim more valuable? For example, being hit by a drunk driver or hurt in an accident with a commercial vehicle?
Starting negotiations with the insurance company
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 the value of your case, 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 unreasonable, they will adjust their lowball offers slightly. If you demand too little, you have left money on the table.
Understand that the goal regarding your injury claim is a fair settlement.
Insurance adjusters are trained to handle negotiations related to personal injuries. 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. Individuals representing themselves after car accidents simply do not have the same leverage as those who have a trial.
Some tips for dealing with the adjuster
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.
Executive 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.
Take Advantage of a Free Consultation with an Auto Injury Attorney in Houston
Please contact the car accident injury lawyers at the Baumgartner Law Firm for a no-obligation consultation – call 281-587-1111
