Why You Should Never Settle Your Personal Injury Claim Without Legal Advice

Why You Should Never Settle Your Personal Injury Claim Without Legal Advice

Car accidents remain one of the leading causes of preventable injury and death in the United States. According to the Georgia Department of Transportation (DOT), “Distracted driving is one of the most urgent road safety crises facing Georgia and the United States today. The National Highway Transportation Safety Administration (NHTSA) estimates that distracted driving killed 12,405 people nationwide in 2021, nearly the same amount as impaired driving.” To help encourage safe driving habits, the Georgia DOT launched a safe driving app.

Accident victims are often left with property damage, medical bills, and injuries that affect their ability to work. For these reasons, accident victims may want to settle their claims as quickly as possible. But it is virtually never a good idea to settle an injury claim without first consulting a personal injury attorney. Insurance companies simply do not have your best interests in mind. They generate profits by denying claims and settling cases for the lowest amounts possible

 If you or someone that you love has been injured, our legal team at Butler Kahn is here for you. You can speak with a skilled personal injury attorney in Lawrenceville completely free of charge. We can be reached anytime at 678-940-1444. What follows are just a few other reasons you should never settle your injury claim without legal guidance.

There Are Tremendous Risks Associated With Settling Cases Without Legal Advice

By choosing to settle a case without legal advice, you may waive your right to pursue additional compensation down the road. Insurance providers will do everything within their power to protect their interests. Any settlement offer will typically come with the qualification that the amount offered is final. In other words, the victim will be barred from pursuing additional compensation for any reason. Consider, for example, the following situations where claimants may deeply regret settling prematurely.

  • Unforeseen Medical Complications: A person who settles quickly may discover their injuries require additional surgeries or long-term rehabilitation.
  • Unknown Injuries: Accident victims may discover that their injuries are substantially more severe than doctors initially suspected. It is also possible that someone realizes they have other injuries they were not initially aware of.
  • Underestimated Impact on Quality of Life: An insurance company could offer a settlement that seems fair, but the victim’s injuries may have a much greater impact on their quality of life than initially suspected.
  • Overlooked Psychological Impact: Someone might settle their claim early on without considering the long-term psychological impact of the injury. Accident victims who survive near-death experiences routinely suffer from PTSD, depression, and anxiety.

These scenarios highlight the importance of fully understanding the impact of an accident. With respect to a personal injury claim, every action that you take has potential consequences. An attorney can walk you through all of your options and explain the pros and cons of each choice that you make. But at the end of the day, the choice to accept or reject any settlement offer is still entirely in your hands, even if you have an attorney working on your case.

An Attorney Can Help Determine The Fair Value of Your Case 

Accident victims are almost never able to determine the fair value of their claim without legal consultations and medical evaluations. Among other things, a person’s injuries can worsen over time. This is particularly true with respect to traumatic brain injuries (TBIs). Any person who sustains a traumatic brain injury is at an increased risk of developing a neurodegenerative illness such as Alzheimer's disease or Parkinson's disease. There are a number of ways that an attorney can help determine the fair value of your case.

  • Evaluating Medical Expenses: An attorney will review all medical bills related to your injury. This includes hospital stays, medications, and physical therapy. More importantly, they will work with medical experts to estimate the future medical expenses related to your case.
  • Calculating Lost Wages: An attorney will calculate any income lost due to your inability to work. They will also take into consideration your lost earning potential.
  • Assessing Pain and Suffering: An attorney can evaluate non-economic damages such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
  • Evaluating Liability: An attorney can gather evidence like witness statements and accident reports in order to evaluate the strength of your claim. They can also help determine all potentially liable parties.

Determining the accurate value of any injury claim requires a great deal of work and legal expertise. Insurance providers that offer settlements quickly are hoping that you don’t realize the actual value of your claim. They would prefer you accept a smaller amount so that they can pocket the difference. Insurance providers will act as though they are your friends. They may try to pressure you early on into accepting a settlement. But these offers almost never take into consideration the true value of your case.

An Attorney Can Help Get You More Compensation Than You Could On Your Own

It is all but guaranteed that an attorney can help you get more compensation for your case than you would be able to achieve on your own. Personal injury law is complex and multifaceted. Navigating these complexities without the requisite legal knowledge and experience can be completely overwhelming. By contrast, an attorney understands the legal procedures related to your case, including crucial deadlines. They are also aware of tactics that insurance providers use in order to avoid paying fair settlements. Once an attorney is able to determine the fair value of your case, there are several steps that they can take in order to help ensure you are fairly compensated.

  • Thorough Case Investigation: An attorney can conduct a thorough investigation and gather evidence in order to build the strongest case possible.
  • Accurate Assessment of Damages: An attorney can provide an accurate assessment of all of the economic and non-economic damages that you suffer. This assessment can be bolstered through expert testimony.
  • Negotiate With Insurance Companies: An attorney can present a strong demand package to the insurance provider. When that provider doesn’t offer a fair amount, they can use their knowledge of the law and precedent as leverage to push back lowball offers. There are legal and financial consequences for insurance providers when they act in bad faith.
  • Pursue Litigation When Necessary: The vast majority of cases settle out of court. But if a fair settlement cannot be reached, an attorney can litigate your case in court.

There is a tremendous peace of mind that comes with having an attorney advocate on your behalf. On top of this, there are no up-front fees associated with hiring an attorney. Personal injury attorneys work entirely on a contingency fee basis. They only get paid by the opposing party if they are able to successfully resolve your case. Unlike insurance companies that make money by paying as little as possible, your attorney has the exact opposite incentive. They are incentivized to make your settlement as large as possible.

Getting Legal Help With A Personal Injury Claim 

It is always a good idea to speak with an attorney before deciding to settle an injury claim. There are absolutely no costs to having one of our attorneys review your case and guide you on the best course of action. At Butler Kahn, we focus entirely on helping accident victims get the support and justice that they are entitled to under the law.

We have consistently achieved some of the highest verdicts and settlements across Georgia. This includes a $28 million wrongful death verdict for a head-on collision and a $30 million settlement for a Georgia student struck by a vehicle in a pedestrian crossing. These results were made possible by our exceptional litigation team. In fact, we have top lawyers under 40 in the region, as designated by The National Trial Lawyers. Whether you just have legal questions or are thinking about hiring an attorney, we may be able to help you. You can contact our office at 678-940-1444.