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Do You Need an Attorney to Settle a Car Accident Insurance Claim?

Nov 2, 2022 | Accidents, Auto Accidents, Personal Injury

If you suffered injuries in a car accident, your medical expenses and lost wages can accumulate quickly. With hospital and doctor bills mounting, you may feel pressured to settle your injury claim with the insurance company as quickly as possible. However, it’s crucial to understand that it is rarely in a victim’s best interests to settle early — or without the assistance of an experienced personal injury attorney.

How an Attorney Can Help Maximize Your Car Accident Compensation

Soon after an accident, you will likely get a phone call from a claims adjuster. Their job is to offer you the lowest settlement possible to avoid a larger payout later on. The longer you wait to settle, the more accident-related monetary losses you will suffer — and the more compensation to which you may be entitled. In addition, a claim cannot be properly valued until your injuries are fully developed and maximum medical improvement has been reached. 

An attorney can help to maximize your car accident compensation by:

  • Protecting your rights — By having an experienced personal injury attorney by your side, you can rest assured that your rights will be protected. Critically, once you retain an attorney, the insurance company is no longer permitted to speak with you directly. All communications must be through your legal counsel.   
  • Investigating your claim — Your attorney can assess all potential sources of liability in your accident claim by conducting a complete investigation into the facts and circumstances of the collision. 
  • Compiling evidence — A diligent personal injury attorney will know what types of evidence are necessary to prove liability and how to utilize the discovery process to obtain the evidence. 
  • Skillfully negotiating with the insurance company — Insurance companies notoriously use certain tricks to avoid paying out on claims. A good personal injury attorney will know these tactics and have the skills to negotiate a fair payout.
  • Helping you navigate the legal process — Not all cases should be settled. Sometimes, a plaintiff stands a better chance of maximizing their compensation by filing a lawsuit and bringing the case to trial. A good personal injury attorney will know how to negotiate and litigate a case for the best possible outcome.

If you’re concerned about how your medical bills will be paid before you obtain a settlement, it’s critical to be aware that no-fault insurance will pay up to $50,000 to cover your medical expenses and lost wages up to $2,000 a month. However, for many car accident victims, this is not enough to cover the full extent of their damages. If you sustained what New York Insurance Law defines as a “serious injury,” you may be entitled to recover additional compensation by pursuing a lawsuit. 

When Does a Car Accident Case Go to Trial?

In the event that settlement discussions stall or the insurance company refuses to pay out a fair amount, it may be necessary to proceed to litigation to ensure you obtain the monetary recovery you deserve. A case will also typically go to trial if the parties cannot agree who is at fault for the accident. However, it’s important to understand that only a limited number of car accident cases ever get tried before a judge and jury — it’s not uncommon for a case to settle on the eve of trial on the courthouse steps. 

Contact a Knowledgeable New York City Personal Injury Attorney

If you have been injured in a car accident caused by someone else’s negligence, it’s essential to have a knowledgeable personal injury attorney by your side. The personal injury attorneys at The Edelsteins, Faegenburg & Brown LLP are dedicated to assisting clients with recovering the maximum amount of compensation to which they’re entitled for their injuries. Due to our commitment to clients, candor, and experience, we regularly secure verdicts and settlements in the millions. 

The Edelsteins, Faegenburg & Brown LLP is a personal injury law firm dedicated to fighting for the rights of accident victims to ensure they get the monetary recovery they deserve for their injuries. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.




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