You have a right to compensation after sustaining an injury in a car crash caused by someone else’s negligence. The at-fault party’s insurers may contact you to understand the details of the crash or make a settlement offer. Insurance adjusters work hard to minimize the financial liability of their employers. After a crash, an insurance adjuster can make a low settlement offer, hoping you’ll accept and move on without objections.
How you deal with an insurance adjuster can determine the value you’ll receive for your injury-related losses. You should, therefore, work with a trusted car crash attorney who can deal with insurers and protect your legal rights. A Miami car accident lawyer can evaluate the settlement offers and fight for a better deal that matches your losses.
Dealing with Insurance Adjusters After a Car Accident
How you deal with an insurance adjuster can make or break your ability to recover from injury-related losses.
Here’s how a skilled car accident attorney can help:
Communicate With Insurers
A knowledgeable car accident attorney can effectively communicate with insurance adjusters on your behalf. By having a legal representative handle these discussions, you can avoid making damaging statements that may be used against you in the future.
A car crash lawyer understands the unique terms of insurance policies and can negotiate with adjusters to ensure that you receive fair compensation for your injuries and damages.
Gather Evidence
A car accident lawyer can gather and present compelling evidence to support your claim. Insurance adjusters often look for reasons to deny or devalue claims. A diligent car crash attorney can collect medical records, police reports, witness statements, and other evidence to strengthen your case.
By presenting a compelling case with supporting evidence, a car accident attorney can challenge the insurance company’s tactics and work towards a favorable outcome for you.
An Understanding of Personal Injury Laws
A skilled car accident attorney can handle the legal aspects of your case, including filing paperwork, meeting deadlines, and representing you in court if necessary.
Insurance adjusters are trained to use personal injury laws to their advantage, but having a car accident lawyer on your side levels the playing field. A car accident lawyer will protect your rights throughout the claims process, giving you peace of mind and allowing you to focus on your recovery.
Compensation for a Car Accident
You can initiate a personal injury claim or lawsuit to obtain compensation for your injury-related losses.
Some of the damages you can receive in a car accident include:
Medical Expenses
Medical expenses are one of the primary damages you can claim in a car accident. These damages include all costs related to your treatment, such as hospital bills, medications, rehabilitation, and any future medical care that may be necessary.
You should keep a detailed record of all your medical expenses to support your compensation claim.
Lost Income
If you cannot work due to the injuries sustained in the car accident, you may be entitled to compensation for lost income. Lost income includes the income you have already lost and any future earnings you may miss due to your injuries.
Elements of lost income include salary, bonuses, tips, commissions, vacation, overtime, and other benefits you’d have incurred were it not for the accident.
A car accident attorney can use the following sources of evidence to support your claim for lost income:
- Tax returns
- Pay stubs
- Bank statements
- Letter from your employer
- Profit and loss statement
Out-of-Pocket Expenses
You may also be eligible for compensation for out-of-pocket expenses. These expenses include any costs incurred due to the accident, such as transportation to medical appointments, vehicle and home modifications due to permanent disability, home care services, and over-the-counter medications.
You should keep proof of these expenses using receipts, bank statements, and credit card statements to support your compensation claim. You can also use medical records to demonstrate that these expenses were justifiable and reasonable.
Loss of Enjoyment of Life
You can also claim loss of enjoyment of life in a car accident claim. These damages compensate you for the accident’s impact on your ability to participate in activities and hobbies you once enjoyed.
Whether it is due to physical limitations or emotional trauma, you deserve to be compensated for the loss of the ability to engage in activities that brought joy and fulfillment to your life. You can pursue the loss of enjoyment of life if an amputated arm prevents you from participating in beach volleyball, your favorite sport.
A car accident attorney can support your claim using the following sources of evidence:
- Physician records
- Personal testimony
- Eyewitness testimony from friends and family
- An expert witness testimony
- Education records
Pain and Suffering
Pain and suffering damages are meant to compensate you for the physical and emotional distress caused by the accident. These damages compensate you for the pain you experienced during and after the accident, as well as any long-term physical limitations or emotional trauma resulting from the collision.
For example, you may be entitled to compensation for pain and suffering if an injury triggers chronic pain for months, years, or the rest of your life.
Calculating pain and suffering damages can be challenging, as they are subjective and vary from person to person. However, an experienced car accident attorney can help evaluate the accident’s impact on your quality of life and ensure that you receive fair compensation for your suffering.
Emotional Anguish
In addition to physical injuries, car accidents can also lead to emotional distress and mental health issues such as anxiety, depression, and post-traumatic stress disorder. For example, learning you’ll be permanently disabled can trigger depression, social isolation, or post-traumatic stress disorder (PTSD).
Emotional anguish damages are designed to compensate you for the psychological toll of the accident and help you seek the necessary treatment and support to cope with the emotional aftermath of the collision.
Loss of Companionship
If you have lost a loved one in a car accident, you may be entitled to compensation for the loss of companionship. These damages aim to recognize the emotional impact of losing a family member and the relationship, support, and shared experiences they provided.
While no amount of money can replace the loss of a loved one, damages for loss of companionship can help provide financial stability during a difficult time.
A car accident attorney can ask you to keep a journal of the emotional impact on your life after the injury or death of a loved one. They can also ask you to keep receipts if you’re forced to pay for the services your spouse can no longer perform.
Permanent Disability/Disfigurement
In cases where a car accident results in permanent disability or disfigurement, you may be entitled to compensation for the lasting impact on your quality of life and ability to work. Permanent disability damages aim to provide financial support for ongoing medical care, rehabilitation, and any necessary accommodations to help adjust to your new circumstances.
Similarly, disfigurement damages compensate you for the physical and emotional toll of any visible scars or injuries resulting from the accident.
Punitive Damages
A judge or jury may award you punitive and compensatory damages. As the name suggests, punitive damages punish the at-fault party for their reckless or intentional behavior and deter others from engaging in similar conduct. While punitive damages are not awarded in every case, a car accident attorney can help determine if this type of compensation may be applicable based on the circumstances of your accident.
How Long Does It Take to Get Compensation for a Car Accident
After a car accident, injured victims are eager to understand how long they’ll wait before they can receive their settlement. The timeline of the settlement can vary depending on several considerations.
Here are the factors that influence how long it takes to settle a car accident:
Extent of Injuries
The severity of your injuries resulting from the car accident can significantly impact the timeline for settling your claim. If you’ve sustained minor injuries that require short-term treatment, your case may be resolved quickly.
However, if you’ve suffered serious injuries that necessitate long-term medical care or rehabilitation, the process may take longer. Insurance companies typically wait until you have reached maximum medical improvement before finalizing your settlement, which can prolong the timeline.
A car accident lawyer may also wait until you recover from the injury so they can understand the full impact of your injury.
Liability Disputes
Disputes over liability can also delay the resolution of your car accident claim. If the insurance adjusters cannot agree on who was at fault for the accident, negotiations may stall, leading to a lengthier settlement process.
Sometimes, a car crash lawyer must gather additional evidence or witness statements to clarify liability issues before your claim can be finalized. They may also litigate the case in court if you can’t agree on a settlement, leading to further delays.
Insurance Coverage Limits
The insurance coverage limits of the at-fault party can affect how long it takes to settle your car accident claim. The settlement process may be prolonged if the responsible party’s insurance policy has insufficient coverage to compensate you adequately for your damages.
The process may take longer as a car accident lawyer works to pursue additional avenues for compensation, such as underinsured motorist coverage or a personal injury lawsuit.
Complexity of the Case
The complexity of your car accident case can also delay the time it takes to settle your claim. The process may require more time to resolve if the case has multiple vehicles, disputed facts, or pre-existing injuries.
Suppose there are disagreements over the value of your claim or the extent of your damages. In that case, negotiations with the insurance company may be protracted as your attorney advocates for a fair and comprehensive settlement.
How Can a Car Accident Lawyer Help
Although many injured victims obtain compensation from the at-fault party’s insurer, some cope without support. Working with a car accident lawyer can level the playing field against the insurer, leading to a positive outcome.
Here’s how a car accident attorney can help:
Negotiating With Insurers
An insurer adjuster will make a settlement offer immediately after the crash, hoping you’ll accept without objecting. In many instances, the first offer is a low proposal that barely matches your losses.
A highly experienced car accident attorney can evaluate the merits of the offer and advise you whether to accept, reject, or push for a better deal that matches your losses.
Representing You in Court
You can pursue the case in court if you can’t agree on a settlement with the at-fault party’s insurer. Litigating the matter in court allows for a neutral assessment of the case. A car accident attorney will gather evidence, cross-examine witnesses, and make compelling arguments before a judge or jury.
They will also look for opportunities to negotiate instead of waiting for the case to proceed to full trial.
Adhering to Legal Timelines
All legal cases, including car accident claims, must adhere to legal timelines. For instance, the personal injury statute of limitations in Florida requires injured victims in car accidents to initiate lawsuits within two years.
You can lose your right to compensation if you initiate a compensation claim beyond the two-year deadline. An insurer may also invoke the statute of limitations to object to your compensation claim.
A car accident lawyer understands the applicable deadlines in your case and will make timely submissions to protect your right to compensation.
Don’t Face an Insurance Company Alone
Warren Peebles, Miami Personal Injury Attorney
Your quality of life is likely to worsen after sustaining an injury in a car accident. A physical or emotional injury may prevent you from participating in dancing, your favorite hobby. You may also endure financial disruption due to your inability to work.
You, therefore, deserve compensation for the losses associated with the car accident. A Miami personal injury lawyer can handle the resistance from the insurance adjuster. They may also gather compelling evidence to support your claim and advocate for a maximum settlement value.
Get in touch with a car accident lawyer for the support you need.