Why You Shouldn’t Settle Your Auto Injury Claim Without a Lawyer

If you’ve been injured in an automobile accident, you may be tempted to settle your claim with an insurance company on your own, hoping for a speedy resolution and perhaps to avoid legal fees. However, settling an automobile injury claim without first consulting an attorney can be a costly mistake, both financially and in terms of your long-term well-being.

Numerous studies have shown that claimants represented by attorneys receive dramatically higher settlements than those who go it alone. According to a comprehensive survey by the Insurance Research Council (IRC), injury victims who hire attorneys receive settlements that are, on average, more than three times higher than those negotiated without legal assistance. A recent survey by Martindale-Nolo Research found that the average payout for claimants with legal representation was $77,600, compared to $17,600 for those without: over four times as much.

The following are among the disadvantages faced by unrepresented claimants in auto injury cases:

1. Lack of legal knowledge —Without an attorney, claimants can easily undervalue their damages, overlook sources of compensation (such as underinsured motorist coverage) or miss crucial deadlines. Insurance companies exploit this lack of knowledge, often pressuring unrepresented individuals to accept quick, lowball offers. An experienced attorney can identify the full extent of your damages, including medical expenses, lost wages, pain and suffering and future costs.

1. Unfair negotiation tactics — Insurance adjusters’ loyalty lies with their company, not you. They may use intimidation, delay tactics or confusion to wear down unrepresented claimants and pressure quick settlements, sometimes before the full extent of injuries manifests. A skillful lawyer handling communications and negotiations can spot bad faith practices and will be prepared to file a lawsuit if fair settlement cannot be reached.

1. Proving liability and damages — Claimants without lawyers may struggle to gather the necessary evidence to prove fault or damages. This includes medical documentation, accident investigation, witness statements and sometimes expert opinions. Attorneys work with investigators, medical professionals and accident reconstruction experts to build strong cases, so that a claim is thoroughly and properly documented.

1. Administrative and legal deadlines — The legal process involves filing deadlines and procedural requirements. Missing a statute of limitations, failing to properly notify parties or making a technical error can jeopardize your claim. A qualified lawyer keeps track of all deadlines and procedural steps, ensuring your rights are protected throughout the process.

While it might seem cheaper or easier to settle an auto injury claim without a lawyer, doing so puts you at a serious disadvantage in terms of your financial recovery. Consulting an experienced auto accident attorney substantially increases your chance of receiving fair compensation and protects you from the myriad pitfalls of an unfamiliar and adversarial process.

The law firm of Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, located in St. James, NY, offers dedicated legal representation for people injured in auto accidents throughout Long Island. Call us at 631-360-0400 or contact us online for a free initial consultation.