When you have been injured, especially in an automobile accident, and the accident is not your fault, you may be entitled to a claim of damages or a lawsuit if the accident is more severe. You do not always need a lawyer for some small claims cases. For example, suppose the insurance company offers to settle for $6000. You hire an attorney and he gets them to raise the settlement to $8000. The attorney gets 33% of the settlement or $2640. You end up with $5360. You would have had $6000 if you had accepted the original offer.
This is not to say that you should not have a consultation with an attorney before you sign any Release Form. Once you have signed this document, you will not get another penny, no matter what health problems may develop. That is why you should follow some common sense steps for obtaining the best settlement for your injuries.
Steps to Take After An Accident
- Keep a log of all pertinent information. This includes dates and circumstances of the accident. Get police badge numbers and witnesses phone numbers and addresses.
- Make a list of all damages suffered. If your property or automobile was damaged, list all problems thoroughly.
- Catalogue your injuries and any other passenger injuries. List all medical advice or treatment sought. If you are injured, get medical treatment and documentation of your injuries.
- Note any time lost from work. If your accident incapacitates you in some way, be sure to write it down. For example, some states award compensation if your sex life with your spouse is changed. Note everything on paper so you will have the information at hand if needed.
All car accident settlements involve negotiations. By arming yourself with details, you will have ammunition with which to confront the defendants. You are the plaintiff in your action since you are initiating the suit. You may not get compensation for everything – that is what negotiation is about. The defendant is often willing to settle a case because they are afraid a jury trial will award larger damages.
From your point of view, you may need the money immediately and a long trial can go on for years. It may be worth taking a loss of some money to get a quick settlement.
Before Agreeing to a Settlement, Consult an Attorney
As previously stated, some injuries and claims are minor and you may not really need an attorney. However, before signing the Release Form, you should schedule a free consultation with a personal injury attorney. Some injuries may not show up right away and you could be shorting yourself severely. Get feedback from the attorney and produce your notebook with all the facts you have gathered. Choose a reliable and experienced lawyer and see what s/he thinks about your settlement offer. If he or she thinks s/he can do much better, then you may want to retain him or her to prosecute your case. If, however, the attorney feels the settlement is pretty reasonable, then you can settle the case yourself without sharing your money with the attorney.
Image: Flickr/popmayhem
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