Can I Negotiate My Own Personal Injury Settlement? Do I Need An Accident Lawyer?

Do I Need To Hire A Personal Injury Lawyer?

You were in an automobile accident.  You have talked to your mom, your brother, your best friend and your co-worker(s). Some people say you need to get a Louisiana personal injury lawyer immediately; others say don’t get an attorney at all. You don’t know what to do.

Attorney Loyd Bourgeois gives a SHOCKING answer to the question about whether or not you NEED an attorney for your personal injury case – “Simply put, not all individuals involved in auto accidents need an attorney. Many cases can be settled without an attorney. In some cases, especially those without any injuries, an attorney likely cannot recover more for you than you could recover for yourself.”

Without legal skills and training, you may not accurately understand the value of your case or take into account all of your damages.

Damages for your accident claim include lost wages, medical expenses, pain and suffering, property damage costs, and sometimes punitive damages.

Can I Negotiate a Car Accident Settlement Without a Lawyer?

Sure – you can negotiate your own personal injury claim. No law says you have to hire a lawyer.

The better question is “Should I negotiate my own settlement?”

Just like you can change your brakes without being a mechanic or install a new roof on your house without being a roofer – some things are best left to the experts.

And, unlike hiring a mechanic or a roofer, you don’t have to pay anything upfront to have a personal injury attorney give you legal advice or start working on your case!

Louisiana car accident lawyers are paid by receiving a portion of the money they can win for you.

An attorney doesn’t just file personal injury lawsuits, they will do all the frustrating and time-consuming work like dealing with the insurance adjuster for you and collecting the needed medical records.

Additionally, most lawyers will front the costs of the case (like filing fees, expert costs, deposition costs, etc.) until the case is resolved.

If you choose to pursue your own case, you will be responsible for all costs, which sometimes run into the thousands of dollars.

Should I Negotiate My Own Personal Injury Settlement?

If you can answer yes to all of these questions, you can likely negotiate a fair settlement with the insurance company without an attorney:

1. Does the accident have clear liability? In other words, is the other person clearly at fault in the car accident or incident?
2. Did you have minimal injuries and treatment?
3. Do you have no prior injury history?
4. Did you have an immediate presentation of injuries? In other words, did your injuries show up right away?
5. Were your injuries soft tissue only?
6. Did you have no gaps in medical treatment? Did you obtain treatment quickly and consistently?

If you answered no to any of those questions, then it’s probably in your best interest to at least consult with an attorney before negotiating or accepting a settlement offer.

If you can answer yes to every one of those questions, then you can most likely negotiate a fair settlement with the insurance company without the help of an attorney. In those cases, an attorney will most likely not be able to obtain enough additional money for you to cover their fee.

These questions are by no means the only questions that determine whether or not you need a Louisiana personal injury attorney for your auto accident or other injury case. These questions are only a guide to help you understand whether you should at least speak to an attorney who will give you ruthlessly honest advice about whether you need an attorney or not!

How Do I Settle a Personal Injury Claim with an Insurance Company?

Insurance companies are aware that individuals do not have the training or legal skills necessary to file a lawsuit and try a case to a successful conclusion. As a result, they will often offer a significantly lower amount of money to someone trying to negotiate their own claim. We have great advice about insurance adjuster tactics and what documentation you need to prove your case.

It is important to go into negotiations with the insurance company with an idea of what your case is worth.

But, before you accept any offer from the at-fault driver, you should consider a few things:

1. Do you have actual, confirmed proof that the “policy limit” offer is actually for policy limits?
2. Did the at-fault driver have any other insurance that may be able to pay for your damages? What other types of insurances may be available?
3. Was the at-fault driver working at the time of the accident – even if in their own car?
4. Does the at-fault driver have any other assets that can pay for your damages aside and apart from the insurance? Are you able to go after them if you agree to this offer?
5. Will this settlement affect your ability to recover under your own under-insured motorist coverage?
6. Is someone else potentially responsible for your damages? For example, what if both the driver and the actual car owner had separate insurance?
7. What about your medical expenses? How do you pay those if the settlement is not enough to cover all the expenses? Can you negotiate those expenses?
8. Do you know the true total of your medical expenses? Have you completed all treatment? Do you know the estimated lifetime cost of future care needed for your injury?
9. Why is this insurance company in such a hurry to pay you? Insurance companies are not in the business of just giving money away – they like to make a nice profit to pay for their television ads.
10. Or, why is the insurance drawing out negotiations? Are you nearing the statute of limitations? Are they waiting for the clock to run out?

You should make an informed decision about whether to accept the offer or not.

Your decision should only be made after you know all of the facts. Make sure you have all of the facts before agreeing to a settlement amount.

Is It Important to Have a Louisiana Personal Injury Lawyer?

Take a look around you – on television, in the newspaper, in politics – the insurance industry spends plenty of money to wage war against injured victims and their lawyers.

The insurance companies have one agenda – pretend they are the good guys with their touching television commercials and propaganda so that they can get you to think they are helping you when you get hurt or injured, and thus keep their costs lower.

Insurance companies promote legislation favorable to their profitability and do everything possible to paint the civil justice system as out of control and overrun with fraudulent claims. Look – the simple truth is some claimants and attorneys are willing to file frivolous or fraudulent claims. These abusers have made it difficult for legitimate personal injury victims like you to find justice. I agree that these fraudsters must be held accountable. Their goal is to influence the minds and preconceptions of jurors against accident victims and their personal injury attorneys before they even hear the facts of a given case.

But what does this mean for you – a legitimate injury victim?

1. You are the insurance company’s enemy! No matter how legitimate your claim, and no matter how badly you are injured, the insurance company’s goal is to pay you as little as possible. Period. You are merely a claim on its books, negatively affecting its bottom line, just like a fraudulent claim.
2. The insurance industry has made you the jury’s enemy as well! No matter how legitimate your claim, and no matter how badly you are injured, the insurance industry’s propaganda campaign has convinced your friends, family, and neighbors that YOU are the reason insurance is so high. These people will make up your jury at the end of the day. And, you must prepare for this from the beginning of your case. You must convince the skeptical that you are seriously injured. You are the enemy.

In my experience, insurance companies usually do not offer a fair settlement until you have an approaching actual trial date and prove to them that you are ready, willing, and able to competently and effectively present your case at trial.

But do not lose faith. Despite the insurance industry’s desire, legitimate cases are still won and juries still award just damages to seriously injured victims, like you.

If you answered “YES” to the above questions, you may need an attorney who can get it done and is not afraid of taking bold action to help you hold the insurance company accountable. 

Louisiana personal injury attorney Loyd Bourgeois at LJBLegal can look at the specifics of your case to determine the grounds for your Louisiana personal injury lawsuit and help you file your claim. Contact us for a FREE NO OBLIGATION consultation – (985) 240-9773.