Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

Legendary Trial Lawyer Gerry Spence, Founder of The Spence Law Firm, Dies at 96 -- Read more

How Expert Auto Accident Lawyers Can Help Maximize Your Settlement

Aug 02, 2024

When dealing with pain after a car accident, particularly one that was not your fault, you can receive compensation by filing a claim against the at-fault driver. In most cases, auto accident lawyers will try to settle your claim with the other driver and their insurance company instead of taking the case to trial.

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Car accident claims can settle for varying amounts, depending on the situation. Sadly, some victims will not receive as much compensation as they deserve. While numerous factors can explain these discrepancies, victims who retain experienced auto accident lawyers can better maximize their settlement.

How an Auto Accident Lawyer Determines the Value of Your Claim

Experienced car accident lawyers determine the value of a client’s damages claim through investigation and analysis. The process begins with your lawyer gathering as much information as they can about your medical bills, lost wages, and other expenses. Your attorney will also seek to understand how the wreck affected you emotionally.

Using their knowledge and experience, a seasoned injury lawyer can estimate the amount of damages you are entitled to. They will also consider any evidence that favors your case to increase the chances of getting you adequate compensation.

The Importance of Gathering Evidence

The value of your claim is dependent in part on the amount of evidence your accident attorneys can gather. When the evidence does not support your claim, establish fault, or prove the amount of your losses, the insurance companies are less interested in settling your claim on favorable terms. As a result, your claim’s value may be lower, even if you have a skilled lawyer.

Conversely, when presented with evidence that clearly shows fault and documents your various losses, insurers are often more willing to settle no matter the cost. In these situations, insurers know they are likely to be found liable for the full amount of your claim. Delaying settlement or trying your case would serve only to add to their costs.

Negotiating Your Settlement With Insurers

Once your attorney has a firm opinion on your claim’s value and has gathered evidence to support that figure, the next step is to attempt to negotiate a settlement with the other party. Pursuing a settlement presents potential risks and rewards for both sides of the case.

Successfully settling your case eliminates the need to take your claim before a judge or jury to decide the matter. Avoiding court also results in reduced risk that the court will deny your claim entirely or impose an extraordinarily high damages award on the at-fault party. It also saves you and the other party the costs associated with litigation.

However, there are still risks associated with settling your claim outside of court. There is a chance that your claim could have been decided differently by a court, specifically in a way that would have favored your side.

Each party will have an opinion on what your claim is worth. Through negotiation and presenting evidence, your attorney and the opposing counsel will attempt to reach a compensation figure that satisfies all parties.

How Do Attorneys Maximize Their Clients’ Settlement Awards?

Maximizing your settlement means settling your case for an amount that is as close to your actual losses and compensation needs as possible. This amount varies for each person, even among victims with similar injuries. This discrepancy in compensation is due not only to the evidence available in each case but also to each victim’s goals and needs.

To maximize your settlement, your auto accident lawyer will need your help. You can assist your lawyer by:

  • Responding to requests for evidence and documents quickly
  • Being honest about your pain and other symptoms when talking to others
  • Sharing your thoughts with your lawyer about what sort of resolution you want
  • Remembering that you have the ultimate authority to settle your case

Communication is key to maximizing your settlement. The more information and thoughts you share with your attorney, the better they will be able to represent you at the negotiating table.

Managing the Legal Process With Your Attorney’s Assistance

Auto accident lawyers can do more than simply negotiate settlements. Their assistance is instrumental in keeping your claim moving toward a resolution. By completing the discovery process quickly, your attorney can put your claim in a position where settlement talks can take place.

When a settlement cannot be reached, your attorney can also move your case toward trial. Progressing the case prevents it from becoming stuck and potentially being dismissed for a lack of activity.

FAQ

Will My Auto Accident Claim Settle?

You will likely receive a settlement offer for your claim. However, it is ultimately up to you to decide whether to accept it. You are not required by law to settle your claim if you do not want to.

Why Is My Claim Not Worth as Much as I Thought?

Your attorney’s valuation of your claim represents their opinion on how much compensation you can expect for your injuries. Lawyers usually base these estimations on the evidence they have available to them and their experience in and out of the courtroom. An attorney who gives a low value to your case should be able to explain why.

Do I Need an Attorney to Maximize My Settlement?

Not always, but in most serious cases a skilled and seasoned lawyer will have the resources to gather evidence and the competence to present it to the other party in a persuasive manner. As important as objective evidence is to maximize your recovery, there is an element of legal skill and persuasion that factors in. If you want an insurance company to take your claim seriously, having experienced and credible trial lawyers in your corner is essential.

How to Reach an Experienced Auto Accident Lawyer in Wyoming

The Spence Law Firm and our team of skilled auto accident lawyers have the resources and experience you need when you have been hurt in a car wreck. Our lawyers fight diligently for the compensation our clients need and deserve. Contact The Spence Law Firm today for help with your case.

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.