Resolving A Wreck On Your Own

Although not advisable, you may be able to settle your car wreck claim on your own. First you need to call the negligent driver's insurance company and start a claim. Let the claims adjuster know about your property damage and medical treatment or your intention to seek medical treatment, if needed. Subsequently, you will need to give them a monetary "demand" based on the factors stated above. As previously stated, an insurance company bases its value of a claim on whether a court of law will award more than the amount of your "demand". If an insurance company believes that it will be cheaper to go to trial than it is to pay your "demand", the insurance company will not offer a reasonable amount. With that in mind, if you are not being represented by an attorney, an insurance company will likely decide that it will be cheaper to go to trial with their attorneys than it is to pay your "demand" due to the fact that they believe you will not be able to get a favorable judgment in a court of law. Insurance companies have attorneys on staff, so should you. The experienced attorneys at Matthew Pillado PLLC will fight to make sure your claim is valued at what it should be or will fight for you in a court of law to show the judge and jury exactly how much your damages are worth.

Handling your own personal injury case is likely not your best option to receive maximum compensation for your damages. If you do not have experience handling a personal injury claim you will likely face an uphill battle when dealing with insurance companies. Below are the struggles you will likely face if you attempt to handle your own personal injury claim.

1. Maximum recovery for damages/lowball offers of settlement. It is not uncommon for insurance adjusters, when facing a nonattorney in a personal injury claim, to immediately offer a small sum of money to settle a personal injury case. Usually an insurance adjuster will offer in the neighborhood of $250 for a full and final release from liability for a personal injury claim, regardless of how bad the car wreck was. This offer is usually advertised as a settlement offer for pain and suffering. Although the offer may sound tempting to accept, it is likely grossly undervaluing your bodily injury claim. You can attempt to get a higher settlement offer, but an insurance adjuster will likely not negotiate a better offer because, simply put, they feel that their attorneys can beat a nonattorney in court and ultimately not pay you anything. An attorney will likely get you more money for pain and suffering and also include past and future medical expenses, past and future physical pain and suffering, past and future mental anguish, past and future physical impairment, permanent disfigurement and lost wages.

a. How we can help. We will work tirelessly to get you a fair settlement offer for all of your damages. We will prove up your case from start to finish and, if we cannot obtain a fair settlement offer, we will be prepared to file a lawsuit and argue in front of a judge and jury to prove your damages and force an insurance company to pay you what you deserve.

2. Upfront cost. Proving up your damages (medical bills, pain and suffering, mental anguish, physical impairment) can be costly to you. In order for you to properly prove up your damages you will need medical treatment and medical records. Even if you have health insurance, getting treatment can be a financial burden. Further, if you have to file a lawsuit, there are associated costs to filing a lawsuit. Costs associated with a lawsuit are filing fees, depositions fees, mediation fees, experts' fees, time and travel.

a. How we can help. An attorney (specifically from Matthew Pillado PLLC) will work with medical providers to provide treatment under a letter of protection or "promise to pay". This letter of protection is a promise to pay the medical providers after any settlement or judgment. Further, an attorney will pay for the cost of a lawsuit and get reimbursed after a settlement or judgment. If we do not settle your claim or win at trial, we do not charge you a dime for our services or for the upfront expenses we incurred.

3. Time and hassle. Many people do not realize the time and hassle that goes with negotiating a bodily injury claim. Overall, one can expect to be on the phone either on hold or talking to an adjuster for countless hours before a settlement is reached, if it is reached. Usually the phone calls are during regular business hours so it can make it that much more troublesome to move forward on a bodily injury claim if the injured person works during regular business hours. If the case has to go to trial due to unfair offers, the time and energy spent litigating the claim on your own could outweigh the potential recovery for your case.

a. How we can help. We'll do the labor for you. We will negotiate with an insurance adjuster and prove up your case to them. Further, if we cannot come to a fair settlement with the insurance carrier, we will take care of the entire litigation process and have our client spend as little time as possible worrying about his/her case.

4. Negotiation. Negotiating a claim can be a struggle for a nonattorney or someone who is not familiar with a bodily injury claim. It is very likely that a nonattorney will not even get to the negotiation portion of a bodily injury claim because an insurance adjuster will just not negotiate with a nonattorney. An insurance adjuster will likely not return calls or messages in hopes that you will forget about the claim. Further, if an adjuster does attempt to negotiate a bodily injury claim with a nonattorney, that adjuster will likely give unfair settlement offers because they know that a nonattorney does not have the knowledge, time, and/or resources to properly handle his or her personal injury claim.

a. How we can help. Our team is made up of experienced attorneys who negotiate personal injury claims. We do not have claims managers/adjusters or nonattorneys negotiating any claims. Our knowledgeable and experienced attorneys are responsible for negotiating the personal injury claims and they will fight to get you what you deserve.

5. Trial. If a fair settlement offer cannot be reached with an insurance company the only step left to take is filing a lawsuit. This step will likely remove the insurance adjuster from the case and you will be left with going through the legal process against an attorney for the insurance company. The insurance attorney will likely do everything in his/her power to have the case dismissed before it even gets to trial. If you are fortunate/savvy enough to get to trial as a nonattorney, you will still likely be a fish out of water in court.

a. How we can help. Our team of experienced attorneys is trial-ready for all of our clients. We will attempt to come to a fair settlement with an insurance adjuster, but if we cannot obtain a fair settlement offer, we will be ready to go before a judge and jury and prove all of your damages.