Hiring the best personal injury attorney in Houston should be your first step after a car or truck accident if you are severely injured. However, if you are considering handling your personal injury case, there are important factors to consider.
Houston personal injury victims must make a series of choices after an accident, and many of those involve dealing with the insurance company and coping with an adjuster or an insurance company that is trying to pay as little as possible, which can be incredibly frustrating.ย Handling your personal injury case is acceptable in some circumstances, but it can be a significant mistake in others.
However, if you are going to represent yourself, here are a few secrets:
It is Not Personal โ Just Business for the Insurance Adjuster
An adverse adjuster will typically contact the car or truck crash victim after a serious injury accident. It is important to remember that the adjuster is not on your side and does not have your interest at heart when attempting to settle a claim.
Your claim is probably one of several hundred the adjuster has on the plate. Donโt make the mistake of believing they care about your situation. If the adjuster is going out of his or her way to be helpful to you, that is a signal he or she may be worried about the amount of your claim.
Be cautious if they claim to beย โaccepting responsibilityโย orย โaccepting liability,โ as many people misinterpret this admission to mean we will be fair with your claim when discussing compensation. This technique is intended to discourage you from hiring a very good lawyer.
Here are some common tactics adjusters use in car accident cases.
The Bigger the Claim- the Harder They Try
Insurance companies have built huge office buildings by paying out as little as possible on claims and delaying payments as long as possible. Often, consumers are frustrated that the insurance carrier will not return their calls or respond to their claims against the driver of the other vehicle.
The ability to contact the adjuster is usually directly proportional to the amount they feel they may have to pay. If the guilty party had a significant insurance policy, such as a commercial vehicle, and you had severe injuries, they would probably be responsive.
If you were injured in an accident with a commercial vehicle, find the best Houston truck accident attorney right away before you speak with an adjuster. What you donโt know can hurt you when handling your personal injury case.
On Large Cases- They Want You to Represent Yourself
The more serious the claim, the more likely the adjuster will call you back. One technique used for severe injury and wrongful death cases where the insurance company has substantial exposure is for the adjuster to be extremely personable and friendly.
That is because if the insurance company can convince the victim not to hire an attorney, the odds of them saving money on the case skyrocket.
They may tell you โwe accept liabilityโ or words to that effect- partly in the hopes you will feel confident handling the claim. Study after study confirms that those represented by the best attorneys tend to receive more money than those without an attorney.
However, in less severe cases, the innocent victim frequently has difficulty getting a response from the insurance company. Remember that the longer the claim process drags out, the longer the insurance company can keep its money.
Furthermore, initial work must be done on your case to develop the claim; if this work is not done, the matterโs value decreases.
Delays are always in theย defendantโs best interest. Sometimes, insurance companies drag out the process so long that victims find themselves in a statute-of-limitations quandary. Do not wait until the last minute to hire an attorney.ย
Adjusters Know Claims Handling Techniques
It is no secret that adjusters are sent to class and trained to handleย car accident claims in a way that pays the victim as little as possible. Accident victims should have the opposite result in mind and seek to obtain the maximum compensation for their injuries.
The truth is that, in many injury claims, the insurance company treats an unrepresented person differently than it does those with a capable accident attorney.
A few techniques used by adjusters include:
- Demanding a recorded statement
- Saying things to reduce your expectations
- Always rejecting your first offer, even if reasonable
- Trying to shift the blame to you or others
- Low-balling you!
- Delay the case
- Put time limits on offers.
- Infer you do not need an attorney
Preparation is the Key to Handling Your Own Personal Injury Case
If youโre committed to handling the claim, you should be prepared to discuss and negotiate with the adjuster. Preparation is critical, and you must have all the relevant facts.
Preparation would include copies of all of your medical records, a summary of your lost wages, and, of course, information regarding the defendant and his insurance company. You should also be aware of coverage under your auto policy that may apply in addition to that paid by the defendantโs policy. This would include PIP coverage and Uninsured Motorist coverage.
Collecting evidence about the collision can also be helpful. Are there any witnesses that support your side? Did the other driver make admissions at the scene or accept fault?
Photographs of the damage to your vehicle can also be helpful when they show a severe impact. Photos can also help a jury understand how the crash occurred.
Should I Give a Recorded Statement After an Accident?
The answer to this question depends on who is asking for the statement. We suggest that if the police officer investigating your accident is seeking a statement from you and the accident was caused by someone else, not you, you should tell the officer.
If you have any reason to be concerned about giving such a statement to an officer, you should speak with an attorney first. But if you have no concerns, stating the officer is something that occurs regularly after an accident.
If you have made a claim or will make a claim under your auto policy, you may have a duty to cooperate with your insurance company. That duty may include the obligation to give a recorded statement. If you or others have no intention of claiming under your policy, there would be no reason to provide a statement to the insurance company.
If the insurance company for the driver who struck you is calling seeking a statement from you, you should be very wary about giving such a statement. Not much you can say will help you in this situation, and a whole lot of what you may say can hurt you.
*PRO TIP:
Very rarely is the statement to an adverse insurance company beneficial for the accident injury victim.
Areas of concern for personal injury victims about recording your statement by an adverse insurance company:
How the accident happened โ
The adjuster will be looking for information to use against you should your case go to trial or to discount what they will offer you while trying to shift some responsibility onto you.
Leading questions and other techniques can create defenses for the insurance company. Did you brake suddenly? Or did the car stop suddenly in front of you? Or similar questions are designed to question your conduct in the accident.
Another question that is frequently posed to the unsuspecting person presupposes a fact, such as, โWhen did you first see the vehicle?โ
This question assumes that you saw the vehicle. In short, insurance companies rarely ask questions to gather facts on which to base their decisions; instead, they take statements to identify areas in which they can defend the claim and potentially reduce their liability or deny the claim altogether.
If you have hired an attorney, you should refer the insurance company to the attorney to give the insurance company the information that they may require to evaluate a case fairly.
Read More: Is It Worth Getting an Attorney for a Car Accident?
Donโt Forget Medical Payback
It is helpful to set goals for your settlement and identify which medical bills are outstanding and which health insurance companies will be reimbursed from the settlement.
Many hospitals in Texas file liensย against insurance claims when they treat accident victims following a car wreck or an 18-wheeler accident. Likewise, health insurance companies uniformly includeย subrogationย clauses in their policies, allowing them to seek reimbursement for proceeds collected in an automobile settlement.
Your goal for your injury case should not be the maximum gross amount paid by the other driverโs insurance company, but the amount that you get to keep after paying everything off.
Negotiate with the Medical Providers
Hospitals, doctors, and health insurance companies routinely reduce the billed amounts or the amounts they will accept to satisfy their liens or paybacks. Start talking with those interested in your case as soon as possible.
One of the biggest mistakes in handling a personal injury case is forgetting to discuss medical liens or subrogation when negotiating a settlement.
Make the Adjuster Give You Specific Numbers for Pain and Suffering
In severe injury cases, personal or human damages are the largest claim categories. Pain, suffering, and disability should be significant components of a settlement when the injuries are severe.
ย Pain, suffering, and disability should be a significant part of a settlement when the injuries are severe. A general rule of thumb is that the more serious your damages, the more likely it is that you will need an experienced and capable personal injury attorney to help.
When discussing the settlement numbers with the adjuster, consider asking them to apportion the damages for pain and suffering, disability, medical expenses, lost wages, and other related costs. Always apportion damages to the adjuster when making an offer to you. Doing so will highlight how low the offer is.
Be Wary of the Reduction or Disallowed Medical Expense Trick
If the insurance adjuster starts discounting your medical expenses and you donโt like the numbers you hear for pain, suffering, or disability, that should be the first clue that you may need to hire an attorney.
Texas passed โtort reform,โ and the current law only allows medical expenses that are actually โpaid or incurred.โ In other words, if the hospital wrote off part of the bill due to contacts with your health insurance or otherwise, the net number counts for claims in Texas.
Personal Injury Lawyers Will Talk with You
Many Houston personal injury attorneys offer free consultations for injury victims. Anyone injured in an accident should consider taking advantage of such an offer to understand the claims process and issues they may face.
While there are limits to how much consulting you can reasonably expect, a conversation with a capable attorney certainly canโt hurt.
If you hire a personal injury attorney, the sooner, the better. Waiting until a lawsuit must be filed to protect the claim will make it much harder to retain a quality lawyer.
Most Houston personal injury lawyers handle cases on a contingency fee basis, taking the burden of paying a lawyer off your back.
Do Your Homework in Choosing an Injury Attorney
If you need help, do your homework before hiring an attorney to work on your case.
Some suggestions from Baumgartner Law Firm for picking the best lawyer:
- Read actual client reviews and peer-reviewed ratings
- Avoid โmillโ firms or TV lawyers (high-volume law firms)
- Donโt hire a firm- hire THE lawyer (donโt let an inexperienced associate learn about your case)
- Make sure the lawyer you choose is the one who will do the work
- Look for specialty or niche practices as your first choice.
- Always hire a local attorney.
Looking for Help With a Houston Personal Injury Case?ย
Call the top-rated Houston personal injury lawyers at Baumgartner Law Firm.ย
If you have a Houston injury claim, contact us for a complimentary consultation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Call 281-587-1111 or click here to request a consultation.
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