In North Carolina, accident victims truly have nothing more than a cause of action, meaning they only have a right to sue. Thus the question is what would happen if you did sue? Also, most accident-related injury claims are evaluated and paid by insurance adjusters and insurance companies. When they look at your case, their first questions are will you sue, and what would a jury grant you if you win your trial.
When you’ve suffered a collision related injury, whether it’s from a car accident, motorcycle accident or truck accident, the road to recovery can be challenging. You may face physical pain and challenges and financial hardship. Insurance adjusters often offer victims a quick settlement, hoping to underpay the injury claim. While it may seem that a quick cash-out may end stress quickly, settling a personal injury claim without a lawyer can be a very costly mistake. Lawyers understand all of the elements of money damages you can ask for, and they know how to push insurance adjusters to pay a settlement that reflects what you would likely win in court from a jury of your home-county neighbors.
Here are a number of factors where an experienced car accident injury lawyer can help you maximize your injury settlement and protect your legal rights:
1. Knowing How to Calculate the True Value of Your Claim
Experienced personal injury lawyers are skilled in determining the actual worth of your claim. After an injury, victims often focus on immediate medical bills and damages, which are only a small part of what you might be able to seek payment for. A lawyer can assess all aspects of your claim, including past and future medical expenses, lost wages, future lost earning ability, emotional distress, scarring, disfigurement and pain and suffering. Insurance companies know that most crash victims do not fully understand the long-term impacts of their injuries, which can lead to undervaluing their case.
- Medical costs: Full cost of all necessary medical treatment both up to the time of settlement, and additional future medical care costs for properly documented lasting or permanent injuries.
- Lost income: Missed income for post-collision missed time from work, and future earnings if the injury prevents you from doing your job or if injury-related disability will require early retirement.
- Pain and suffering: Tax-free cash payment to the victim for having to undergo physical pain, lost quality of life, lost hobbies or activities, and the emotional injuries associated with pain, injury and disability.
- Punitive damages: If the at-fault driver was guilty of intentional or willful and wanton conduct, you may be able to collect additional compensation to punish the defendant for their extremely egregious or dangerous conduct.
A personal injury attorney in Winston-Salem will provide a free consultation, even if you choose not to hire a lawyer. If you decide to hire a lawyer, your attorney considers all of these factors, gathers all evidence, presents your case on your behalf, and pushes for fair payment to ensure that you don’t settle for less than you deserve. If you trust the claims adjuster and settle without consulting a lawyer, you risk accepting a lower offer that doesn’t cover your full range of losses.
2. Insurance Companies Are Not On Your Side
Former insurance adjuster and former insurance company lawyer Carl Nagle cautions victims that “insurance companies are for-profit businesses, and their main goal is to minimize their claims payments in every case”. Insurance adjusters are trained to be diplomatic and while they may seem friendly and helpful at first, they will seek to minimize your injury claims. Adjusters are carefully trained negotiators and they will try to get you to settle for as little as possible. They will offer you a settlement that they claim is fair, but that they know is far less than you could collect in court. Most cases settle, even those presented by personal injury lawyers. However, the injury lawyer makes sure the settlement is on your terms, not the discounted terms the adjuster and insurance company push for. Experienced car accident lawyers know how to deal with insurance companies and can ensure that you don’t make any mistakes that will harm your case.
- Initial offers are typically too low: The first offer is typically just a starting point for negotiations, and often just a fraction of the true value of the injury case.
- Pressure tactics: Insurance adjusters may rush you into a decision, hoping you will accept an unfairly discounted settlement.
- Complex negotiation strategies: Insurers may downplay or deny your claim, making you feel that your legal case is weaker and less valuable than it truly is.
By hiring a lawyer, you take away the insurance company’s leverage. Your accident lawyer will develop and present the strongest medical evidence, threaten suit, and negotiate from a position of strength. Lawyers typically secure significantly higher settlements than the amounts collected by unrepresented victims who handle their claims without counsel.
A Lawyer Will Investigate the Collision and All Medical Evidence Thoroughly
A personal injury lawyer’s role goes far beyond just filing paperwork. They conduct a thorough investigation of your collision to identify all at-fault drivers and at-fault parties, secure evidence to show you were not at fault, and gather evidence to build a strong and valuable legal case. Steps taken by lawyers might include speaking with witnesses, obtaining surveillance footage, analyzing accident reports, and hiring crash-reconstruction and/or medical experts if necessary. Without a lawyer, you might miss out on crucial details or fail to collect essential evidence to support your case.
- Witness statements: Lawyers have the resources to track down and interview key witnesses.
- Expert testimony: In complex cases, experts are often retained to reconstruct the collision and prove fault and force-of-impact. Medical experts also help to prove the full extent and long-term effects of all injuries.
- Evidence gathering: Lawyers have access to databases like Lexis Nexis, legal tools, and professional networks to gather supporting evidence. Injury lawyers often have contacts in law enforcement as well, which helps to develop the case for a successful settlement or trial.
By having a lawyer on your side, you have an advocate who works to make sure no detail is overlooked, and that all aspects of your case are supported by solid evidence, which is crucial for maximizing your personal injury settlement.
4. Statute of Limitations and Deadlines
Car accident injury claims and other personal injury claims are subject to strict suit-filing deadlines imposed by the relevant statute of limitations. For example, in North Carolina a car accident victim has 3 years to file suit against all liable parties. If they miss this deadline, they lose all compensation rights. Further, if the crash results in fatal injury, North Carolina imposes a 2 year deadline. Failure to commence litigation by this deadline results in a complete forfeiture of all claims. Remember, if you wait too long to present your insurance claims or file a lawsuit, you may lose the right to seek compensation.
Case filing deadlines vary by state, type of injury, and other factors, which can make these critical deadlines difficult to navigate without a lawyer’s help. A personal injury attorney will know all of the applicable deadlines and make sure that all necessary paperwork is collected and filed on time.
- Time-sensitive documents: Ensuring timely filing of requests for medical records, police reports, medical bills and records, and other essential legal paperwork.
- Key deadlines: Understanding the exact period you have to file a timely lawsuit or insurance claim, and how to file properly to make sure no deadline is missed.
- Avoiding delays: A lawyer is motivated to present your case quickly, and your attorney will push to make sure all case-development steps are completed in a timely manner.
If you handle your injury case without a lawyer, these complex deadlines can result in missed opportunity and forfeiture of valuable legal rights. Your lawyer makes sure that your case stays on track and you don’t lose your payment rights because of a simple mistake.
5. Lawyers Understand the Legal Process and Court Procedures
The court procedures and legal process can be overwhelming, especially for someone who has never dealt with a trial or a personal injury case before. From drafting a proper complaint to conducting a jury trial, every step of the process involves legal rules, procedures and technicalities. An experienced personal injury lawyer knows how to build and your present the strongest case every step of the way. They know how to us court rules and technicalities to your advantage, and they also make sure that you don’t miss critical evidence. In a trial setting, the jury will be far more responsible to an experienced, professional lawyer who presents a streamlined, effective case – not a scattered presentation by an unrepresented victim.
- Court/Trial procedures: Lawyers know all of the local, state and federal rules of evidence and civil procedure. They also know exactly how to present your case to a jury.
- Proper document handling: A lawyer will correctly complete and file all necessary documents on your behalf.
- Effective legal arguments: Lawyers understand how to build and argue your case effectively.
Without a lawyer, you will find it very difficult to know and follow all of the rules of evidence and rules of civil procedure. Improper handling of these critical procedures vastly decreases your chance of success with your injury case.
6. Maximizing Your Settlement or Award
Your lawyer’s goal is the same as yours – to collect the highest possible settlement or trial verdict. Lawyers bring knowledge and leverage to the legal process. They know how to build and present the strongest case on crash-cause and on the severity of all injuries. They have leverage in that they know the likely verdict range of your case, and stand ready to conduct a trial to collect that amount. And, after losing the trial, the insurance company not only pays you, but they also have to pay legal fees for their lawyers and other costs that could be avoided. With this leverage, your lawyer motivates insurance adjusters to pay generous settlements so they avoid unnecessary trial costs. Experienced injury lawyers offer these advantages:
- Negotiation & advocacy: Lawyers negotiate from a position of strength, and they are skilled negotiators who can maximize your settlement.
- Access to resources: Lawyers have relationships with medical experts and other experts and specialists who can help to prove and strengthen your case.
- Strategic settlement decisions: Lawyers research verdict trends and case results. They know when an offer is unfair and should be rejected. They also know when a case or trial is risky, and when settlement is the best option.
Without a lawyer, most people don’t know how to build a winning case, and they are flying blind when considering settlement offers. With a lawyer, you will know that your settlement represents full payment of your losses, and maximum compensation for your past and future pain & suffering.
Closing Thoughts:
Handling your injury claims without a lawyer might seem like a way to avoid legal fees or a lengthy process, but the truth is lawyers handle cases properly and more swiftly, and the fast cash-out is usually a rip off for injury victims. Also, lawyers work on a percentage fee basis. If they increase your settlement, they pay their own fee. Personal injury lawyers give you expertise, protect and enforce your rights, and make sure you collect maximum payment for your injury claims. Remember, insurance adjusters are working to oppose your case and minimize your compensation. Injury attorneys offer free consultations, and reaching out to a personal injury lawyer is the best way to learn your rights and secure the best outcome for your case. Even if you choose to not hire a lawyer, the free consultation will at least give you an understanding of your case value and your legal rights and options.