If you’ve recently been involved in an automobile accident in Mississippi and are already frustrated from the dealings you’ve had with the insurance company, be aware that first and foremost the insurance adjuster’s job is to save his or her company money. Adjusters are well-trained in providing any and every excuse which can somehow justify paying you less on your claim. Being ready for such excuses will give you an advantage when dealing with recalcitrant insurance companies.

  1. Blaming your vehicle’s condition for the accident. The insurance company may try to claim that your vehicle was not properly equipped with safety devices (seat belts, headrest, mirrors, etc.) which could have prevented the injuries you are claiming. They may also claim that although the safety devices were present, you neglected to use them, or used them improperly. The insurance company could also claim your tires were bald and should have been replaced, and that there would have been no accident if you had properly maintained your car.
  2. The insurance company may attempt to use your prior medical history against you. They can do this by saying you had other physical issues which were actually responsible for the accident (epilepsy, headaches, vertigo) because they impaired your driving ability or your reaction time. If you are claiming soft tissue injury, the insurance company could try to use the fact that you have been to a chiropractor off and on through the years, implying the injury was present prior to the accident. Supposing you have seen a therapist for depression in the past few months or are currently taking an anti-depressant—the insurance company may even claim that your level of depression caused you to be less than an alert driver, therefore you were responsible for the accident. Although most all of these excuses will be bogus, you will definitely need an experienced personal injury attorney to help you combat such claims.
  3. Minimizing your injuries is a common tactic of insurance companies, and if you waited very long following the accident to receive medical treatment, they will use this as well. They may claim there was nothing in the police report to substantiate your claim that you were injured, or that there were no overt signs of physical injury at the scene of the accident. If you did not go to the emergency room, the insurance company may use this to “prove” you were not injured, but made up your injury later. If you told anyone at the scene of the accident that you were “ok” then this simple word may be used against you now that you are clearly not ok. Soft tissue injuries are much harder to definitively prove, therefore the insurance company may claim you are not truly injured because there is no absolute medical “proof.” The insurance company may also claim that the level of damage to your car simply doesn’t justify your claimed injuries. If you can produce witnesses who can attest to the changes in your physical health before and after the accident, this will help your case.
  4. The insurance company may attempt to use your recollections of the accident against you. Although none of us has a perfect memory, and in the face of the trauma of an accident our memories can become even less reliable, insurance companies will use any discrepancy in your statements to discount everything you say. If you are unsure of the time of day, the color of the other car or the number of witnesses who saw the accident, it could be used against you.

The most important thing you can do following an auto accident—aside from getting immediate medical attention—is first to record every single detail of the accident, both through notes and photos, then to hire a knowledgeable Mississippi injury attorney who can aggressively defend your rights against an insurance company who is attempting to avoid payment of your claim.

Call us today to discuss your case.

Facial injuries, which result from an auto accident, can lead to mild or severe scarring on the face, and such scarring can cause lifelong trauma. Not only will you deal with the physical trauma and pain of surgeries and skin grafts, you will also deal with the emotional trauma of having scars that can be seen by everyone in your life. Facial scarring can lead to severe depression and self-consciousness, and can severely limit the opportunities in life.

Typical Facial Injuries Following an Auto Accident in Mississippi

Although some injuries which are sustained during an auto accident are relatively minor and will heal with little visible reminder, other facial injuries are much more severe, and result in permanent, life-changing facial scars which are devastating to the victims. During a car accident, a victim’s face can be cut from flying glass punctured by parts of the automobile, scraped, burned and bruised. There can be fractures to the jaw and cheekbone, temporary or permanent nerve damage, severe injuries to the eyes and nose, and damage to the mouth and teeth. In addition to these facial injuries being potentially disfiguring, there is likely to be considerable amounts of pain involved as well. Recovery times following severe facial injuries can be long, expensive and grueling, requiring multiple surgeries.

Immediately Following Your Mississippi Auto Accident

Following your auto accident emergency personnel will first address the immediate medical concerns such as ensuring your airway is clear, controlling your facial bleeding, preventing infection and dealing with your pain. Once these immediate issues are taken care of, your doctors will take the greatest care to minimize future scarring or disfigurement. You will likely be sent to X-ray to determine if there are any fractured bones in your face, you will receive stitches for any open lacerations, and may be sent for a CT scan which can rule out brain trauma. Surgery to treat broken facial bones can include the use of specialized titanium plates and screws, and immediate plastic surgery may be called for to reduce scarring and bone deformities. If the nose was the damaged part of the face, plastic surgery will re-sculpt the nose in an effort to make it look as close as possible to the pre-injury nose.

What Victims of Facial Injuries Lose

Victims of facial injuries will likely be unable to work for at least a period of time, losing income and possibly even their job. Not only are they vulnerable to present lost income, but future lost income as well. Because our identities are so closely tied to our appearance, any type of facial disfigurement can cause emotional trauma. Additionally, our American society is so tied to the perception of beauty, that we have been programmed to believe our outward appearance defines us in a way little else does.

People who are considered by society to be extremely pretty or handsome can have even more difficulty dealing with a facial scar or disfigurement because it alters everything they have learned to believe about themselves. Victims of facial injuries and scarring can experience frustration, anxiety, fear and depression when learning to deal with their injuries, all of which lead to a loss of enjoyment of life. The individual who has suffered facial trauma may lose their ability to socialize with others or engage in their normal, daily activities.

Where to Get Help

Unfortunately, first impressions do matter, and if you are a victim of facial injuries which led to scarring and permanent disfigurement, you are well aware of this. You have likely suffered through multiple painful and expensive surgeries, and you need to be fairly compensated for your medical bills as well as your lost wages and pain and suffering. It’s important that you find speak with an experienced Mississippi auto accident attorney from our law firm who will fight aggressively for your rights and get you the settlement you need and deserve.

The leading cause of facial trauma is auto accidents. Any auto accident can result in minor to serious injuries, leaving you with substantial medical bills, time away from work, pain, and possibly even emotional trauma, depending on the nature of the injury. Facial injuries in particular can have significant impact on your life and your future.

The Aftermath of Facial Trauma

Should your facial injuries be relatively minor, time and proper medical care can leave your face looking relatively normal. More severe facial injuries can result in psychological trauma and lifelong issues. After all, our very identity is tied to the physical appearance of our face, and when that appearance is altered during an accident, the emotional aftermath can be profound. Serious facial lacerations and injuries can leave you permanently disfigured, resulting in a disability which is not only financially costly, but also emotionally scarring.

Types of Facial Injuries

There are many commonly experienced types of facial injuries following an automobile accident such as bruising, fractures to the facial bones, deep cuts and lacerations which result in significant scarring, burns to the face, nerve damage, chipped and broken teeth, and the loss or damage to one or both eyes.

Treatment of Facial Injuries

Because our society is so focused on appearance, facial injuries can be difficult to overcome. Often, numerous surgeries are necessary to repair maxillofacial trauma, and many times a full recovery will not be possible. Aside from altering your looks, facial trauma can cause problems with breathing, eating, talking and vision, and in some extreme cases can affect the nerves which lead to the brain. Your immediate emergency treatment following an accident will first address the most immediate concerns such as controlling the bleeding, alleviating the pain and taking steps to prevent infection. Care will be taken to minimize scarring, and you will likely be referred to a maxillofacial surgeon who will do his best to ensure a favorable outcome. The specialist will probably x-ray the affected areas, or perform a CT scan, then once the best treatment is determined, he will walk you through the recovery process.

Airbags as a Cause of Facial Injuries

Although airbags do a good job of protecting those involved in a car accident, and, in many cases, save lives, they can also be the cause of facial injuries and head trauma. Your face is comprised of fourteen bones which make up the jaw, nose and skull, and in most auto accidents, your nose is in the most vulnerable area since it protrudes from your face. Noses are often broken when the airbag deploys which can result in a disfiguration of the nose as well as possible obstruction to the nasal septum which could potentially cause breathing difficulty. Other injuries commonly seen when an airbag deploys following an accident are loss of teeth, cuts and bruises, broken jawbone, fractures to the facial bones and brain trauma.

Why You Need a Mississippi Personal Injury Attorney

If you suffered scarring or disfigurement as a result of your auto accident, you need to contact an experienced Mississippi personal injury attorney who can help you obtain a fair settlement for your physical pain and your psychological pain as well. Some insurance companies may refuse to pay for cosmetic surgery which can reduce disfigurement and you will need a solid advocate in your corner to deal with this refusal. You will likely have time away from work, and mounting medical bills since plastic surgery is very expensive. The pain and suffering caused from dealing with substantial facial injuries can be extremely extensive and hard to get over.  You deserve the very best chance to recover the face you had prior to the accident, and the negligent party should be made to pay for your accident.

Call our law firm to discuss your case an experienced Mississippi personal injury attorney today.

An auto accident occurs in the United States almost every sixty seconds. Although this figure encompasses fender benders as well as serious and fatal accidents, you can see that your chances of being involved in an auto accident are actually quite high. While the injuries from such accidents can vary widely, most of the time there is pain involved. The “typical” car accident moves the human body in a violent manner resulting in head trauma, fractures and soft tissue damage to muscles, ligaments and tendons. While a car is specifically designed to withstand an accident to the fullest degree possible, the human body was never meant to be slammed around within the confines of an automobile.

How Often Does Chronic Pain Occur?

Chronic pain following an auto accident is relatively common, and research states that individuals are more likely to suffer from chronic pain than any other form of traumatic injury. In fact, being in a car accident places the average person at an 85% increased risk of traumatic pain as compared to others who suffered a work injury, bone fracture or hospitalization unrelated to an automobile.

Pain is Difficult to Quantify

Pain can be an extremely difficult thing to prove, since an injury which results in excruciating pain to one person can seem relatively mild to another. The person who is suffering the pain can become frustrated when others fail to understand the extent of the pain they now live with day in and day out. For the person who is suffering from pain following a car accident, this pain is extremely real and extremely debilitating. Medical professionals define chronic pain as any type of pain which persists longer than the normal healing process for a specific injury or disease. While the diagnosis may be problematic, chronic pain requires a definitive treatment plan.

Types of Injuries Which Can Lead to Chronic Pain

Whether your original injury was mild or severe, you may experience constant or intermittent pain long after the injury itself has healed. This pain can vary in intensity from mild to unbearable, and can have a significant effect on quality of life and day-to-day activities. There are several types of injuries which are more likely to lead to chronic pain, the first of which is a traumatic brain injury. Brain injury victims can find their life suddenly compromised by constant headache pain which can range from a dull, achy throb to a searing pain which can actually cause the victim to become suicidal. The only treatment available for the intense head pain which follows a brain injury is medication.

Spinal cord injuries which do not result in paralysis can lead to back pain which is so intense that it colors every aspect of the victim’s life. Pain from injuries such as this can include specific exercises, stretching and medication. A bone stress or fracture which results from an auto accident can cause the bone to infect or mend improperly, both of which can cause the victim to have a dull, constant pain in that particular area. The only treatments are surgery—which may or may not work—and medication.

Getting the Help You Need

If you are the victim of a car accident and are still experiencing chronic pain, remember—you did not ask to be in an accident. If the accident was due to another’s negligence, it can be even harder, mentally, to deal with your debilitating pain. Sufferers of chronic pain need help paying their medical bills and lost wages, but can run into opposition from insurance companies who may deny the claim, believing it is not legitimate. A knowledgeable Mississippi auto accident attorney can be your best advocate during this time; he or she will investigate the extent of your injuries and chronic pain, and then aggressively fight on your behalf for the compensation you need and deserve.

Call us today for a free initial consultation.

Photographs can literally mean the difference between receiving a fair settlement for your auto accident—and not. Photos clearly show the facts surrounding a case without the inconsistencies of human memory. Many times following an accident everyone involved in the accident has a different accounting of the sequence of events or who did what. Photographs can assist you in proving your report of the incident, allowing you to get an equitable resolution which will cover the damages and injuries sustained in your car crash.

Taking Photos after Your Car Collision

While your first order of business following your auto accident is to get appropriate medical care, the next thing you should think about is making sure the evidence is properly preserved in the event you find it necessary to file a lawsuit to recover damages. If you’ve determined you do not need to go to the hospital (make absolutely certain you are not hurt, otherwise should you determine injuries later they may not be covered because you said you were okay) then spend the time while you are waiting for the police to take accident photographs which will allow you to explain to the insurance adjuster much more efficiently.

What Should I Photograph?

Once you have your camera or cell phone ready, take photos of your car and the damage it sustained. Try to get several photos, from different angles, and watch out for the glare of the sunlight which can obscure the damage you are trying to capture. Take close-up shots at about 3-5 feet, then from further out at about ten to fifteen feet. Try to keep a landmark in the photographs. If you are limited in the amount of photos you can take, be careful to get the ones you need the most—the ones which tell the story of what happened.  Next, take photos of the car which hit you in case the driver later tries to say there was more damage than you actually observed.

If the accident took place at a road intersection, take photos of it in case you have to explain to the insurance adjuster just how it happened. Include the street name in the photo and any other traffic signs which are close to the scene of the accident. If there were any skid marks, be sure and take photos, or if there were no skid marks you could still take photos of the lack of skid marks to show the other person didn’t even try to brake before hitting you. Finally, if there were injuries to the people in your vehicle, document the cuts, bruises, swellings and marks to you or the passengers. Take photos close up and a few feet away.

More Reasons to Take Photos

Having photos which clearly document your accident can actually speed up the settlement process and aid you in filing your initial claim. No matter how small or insignificant the damage or evidence appears to be, photograph it anyhow as insurance against the unexpected. Don’t forget to take photos of the inside damage to your car as well, such as a broken or damaged stereo. If you have concise photos, your adjuster will probably have to spend less time asking you questions.  If you end up hiring an attorney to litigate your accident, the photos will be extremely beneficial to a positive end result.

In addition to taking photographs at the scene of the accident, it can be extremely helpful to keep a daily journal or log which records the pain you experience following the accident. You can also jot down any expenses incurred from the car accident including prescription costs, or any way the accident causes changes to your regular standard of living. Contact a Mississippi personal injury attorney from our law firm soon after your accident so we can give you more advice on what you need to document and build a strong case on your behalf.

Over 45,000 people are killed on America’s highways each year, and of that number almost half of those accidents were a direct result of a problem with road design or maintenance—some form of dangerous or risky road. Faulty design, construction, maintenance, or inability to adapt to changing conditions are all issues with roadways which can be the direct cause of your car running off the road, rolling over or colliding with another car or fixed object.

There are lots of risky intersections in the United States which make having a serious accident much more likely. It can be difficult to see another car coming at many intersections, and appropriate signage may not be present to ensure the safety of motorists. Many intersections have not been adequately modified despite past indications of hazards to drivers. If any of these conditions were the cause of your intersection accident it is imperative you retain an attorney who is skilled in litigating cases such as these.

Dangerous Road Cases

Car accidents which resulted from dangerous road conditions can, unfortunately, be difficult and expensive to litigate, since you will be fighting a government entity. The investigation of the dangerous intersection and its history of accidents can be quite challenging. The case will likely  require significant amounts of attorney work, experts called in and expense, but the upside of a case such as this is that it has the potential not only to allow you to recover your damages, but to make the road safer for others. Changes that might otherwise never occur, may be made when you demand your rights.

Our Rights as Motorists

The agencies which design and maintain our roadways are charged with the duty of ensuring the safety of motorists, at least those who are using reasonable care when driving. Of course until cars begin driving themselves, drivers will skid, slide, lose control of their vehicle, fall asleep or become distracted. While all of these driver issues will certainly be responsible for car accidents, government entities who refuse to take reasonable steps to ensure foreseeable events don’t turn tragic are another thing altogether. When an intersection has been proven to be a danger to drivers, and has caused accidents or near-misses in the past, the government must take steps to correct the dangerous road situation to ensure the safety of drivers.

Why You Need an Experienced Personal Injury Attorney

Dangerous road accident cases require the victim to prove the government knew the intersection was a high-risk road hazard and refused or neglected to take steps to fix the road or install appropriate signage to warn drivers. An experienced attorney will be able to show that the entity in charge of the road failed to do something which caused the danger, or will prove the government knew the intersection was dangerous, had plenty of time to fix it, but neglected to do so. If there is a solid history of accidents on the intersection which caused your accident, this may help show the risk was substantial.

Dangerous road cases can be especially difficult to prove because our laws give the government a certain level of immunity which protects them. If the intersection received the stamp of approval from an approved, reputable engineering firm, then unless the design or plan was changed, the government may indeed have immunity from being held accountable. Even if the design was approved and followed to the letter, however, the government entity may have failed to install or maintain signage which warned of the dangerous intersection, or may have failed to cut tree limbs or branches which blocked the views and potentially caused your accident. As you can see, dangerous road cases are complex and definitely require the assistance of an attorney who has the skill and aggressiveness to pursue the government and obtain a fair settlement for your injuries.

Of the millions of people involved each year in automobile accidents, a large percentage will suffer serious bodily injury and significant psychological distress. Any event which is threatening to life or body can produce traumatic stress in the victim. Normally the body has a “fight or flight” response which is employed to protect individuals against such threats, however when fight or flight is impossible—such as during a sudden car accident—the threat remains, causing the victim to essentially “freeze,” and PTSD to develop.

How Common is PTSD?

Estimates put the number of those who will suffer post-traumatic stress disorder following an automobile accident at somewhere between ten and forty-five percent. The broad range stems from the fact that many victims are too embarrassed to report their PTSD.  Women suffer more often from PTSD following an auto accident than do men, and this psychological trauma can actually interfere with a person’s daily functioning abilities. Many times, even when there is not full-blown PTSD following an auto accident some people may experience non-specific troubles on the job and in school, have problems maintaining friendships and be unable to enjoy their hobbies and leisure time.

Psychological Trauma is Often Overlooked

Typically broken bones and soft tissue injuries are the issues which are immediately attended in an emergency room following a car accident. Doctors set broken bones, stitch up cuts, attend to scrapes and bruises and check for internal injuries. Victims may have facial lacerations which require further plastic surgery, or may even require major surgeries just to survive. Of course the body must be attended to, yet often the psychological damage resulting from a traumatic car accident can be just as devastating as the physical.

Once you are physically stabilized and on the mend, your mental state may be pushed aside and not taken as seriously as it should be. Most of us are required to drive each day, simply to get to and from work, take our children to school or run necessary errands, therefore if one suffers severe anxiety simply from getting into a car it can become a serious handicap.

Primary Symptoms of PTSD

Victims of auto accidents who experience PTSD may find themselves re-experiencing the accident over and over. They may have recurring dreams of the accident, or even frightening flashbacks while they are awake. Post-traumatic stress disorder victims may try to avoid any type of stimuli which is associated with the original trauma or may find themselves become numb or showing a decrease in normal responsiveness. This numbing can bring about a loss of interest in formerly enjoyable activities, and can cause people to feel detached from others.

There can be intense physical reactions when reminded of the original event such as a pounding heart, rapid breathing, sweating and nausea. People who are suffering from PTSD can also be extremely irritable, have unprovoked outbursts of anger and may be unable to concentrate on the task at hand. PTSD victims often feel extremely helpless and out of control, and should they not take the psychological symptoms seriously and get the necessary help, PTSD can worsen over time.

Getting the Help You Need

A relatively new tool, known as a magnetoencephalography (MEG) is a non-intrusive way to measure the magnetic fields in the brain, and definitively diagnose PTSD. It is believed that this test can correctly identify PTSD patients with a 90% accuracy rate. If you are having symptoms of PTSD, it is necessary to have a psychologist who is trained in the disorder to thoroughly evaluate you and run tests such as the MEG to back up your claims of psychological trauma. Victims who experience significant PTSD symptoms following a car accident may be able to seek compensation for their psychological injuries therefore should hire an experienced personal injury attorney who is skilled in proving such claims and can assist  in obtaining damages for injuries, both physical and mental.

If you’ve been involved in an automobile accident, you may wonder about the legal consequences if you were not wearing a seat belt, and whether you could be considered negligent for this reason alone. This can be an extremely complex issue, depending somewhat on what state you currently reside in. While most all states have adopted legislation which requires drivers and front seat passengers to wear seat belts, the states differ widely in the specific consequences attached to a personal injury case in which the plaintiff was found to have not been wearing their safety belt.  While some states don’t consider nonuse of a seatbelt to be relevant in any way at all when determining the plaintiff’s potential recovery, other state courts do consider lack of a safety belt to be relevant.

Causation or Plaintiff Misconduct

If your particular state operates under the causation paradigm, you would not be allowed to recover any damages which resulted from your failure to wear a seatbelt. Some states will require you to prove that your injuries would have resulted just the same whether you had been wearing a seat belt or not, while others will make it the defendant’s job to prove that if you had been wearing your seat belt you would not have suffered injuries. Unfortunately, this issue can be very difficult to prove one way or another. States which operate under the plaintiff misconduct paradigm will focus more directly on your failure to snap your seat belt, which becomes the primary focus for calculating your specific damages. The plaintiff misconduct theory, however does require extremely complicated fact finding in the determination of whether you were properly wearing your seat belt, and the scope of the results of that failure.

No Clear Cut Method of Determining Negligence

Unfortunately, most courts currently have no clear cut rules regarding whether you can be held accountable in a personal injury claim for failure to wear a seat belt. Many courts will take into account your failure to wear your seat belt so far as to reduce your monetary recovery amounts for only the injuries which directly resulted from that failure.  The failure to wear your seat belt will not, however affect your other claims for injury and damages. A few states refuse to consider the seat belt issue at all when awarding damages, such as the Massachusetts law which states that “failure to wear a properly fastened seat belt shall not be considered as contributory negligence or used as evidence in any civil action.”

Seat Belt Defense

Ford and Chrysler companies first offered lap belts in automobiles in 1955, however it was not until 1968 that the Federal Motor Vehicle Safety Standards required that all auto makers install lap belts for all occupants of the vehicle as well as shoulder harnesses for the driver and front seat passenger. State and federal requirements soon followed in an attempt to encourage the use of safety belts. Initially, the seat belt defense was used to completely preclude victims of auto accidents from receiving any settlement for injuries which theoretically would have been prevented through the use of a safety belt. Although some jurisdictions ran with this defense, others rejected it out of hand under the belief that since the plaintiff’s failure to wear a seat belt was not the cause of the accident, failure to wear a seat belt should not preclude recovery.

The use or non-use of a seat belt adds an entire new complex level to personal injury cases, and if it has become an issue in your particular case you must hire an experienced personal injury attorney who can determine whether the fact you weren’t buckled up will affect your settlement.

Hopefully you will end up with one of the “good” insurance adjusters who will offer assistance and will go out of his or her way to make your experience as positive as possible. You have already been through an ordeal with your accident, and if you should end up with an insurance adjuster who appears to being giving you trouble at every turn, you may feel frustration and anger. Supposing you get an adjuster who seems hard-nosed and doesn’t appear to be listening to anything you have to say—what then?

Dealing With the Adjuster Yourself

If you’ve decided to go it alone regarding your insurance settlement, first and foremost you will have to grow a tough skin and remind yourself over and over that while this accident and the subsequent injuries and expenses are highly personal to you, to the insurance adjuster it is just another day on the job. The job of the insurance adjuster is to get their company off for the least amount of money possible in order to increase the bottom line at the end of the year. Although insurance companies are perfectly happy to accept your insurance premiums month after month, year after year, they are banking on the odds that you will not have an auto accident. If you do have an accident, their goal is to pay you only the amount they absolutely must pay. When you fully realize this, then you understand that the insurance adjuster is simply doing what he has been told to do, and that even if he seems hard-nosed and inflexible, it really isn’t personal.

On the flip side, while you are not trying to hit the lottery, you do want all of your medical bills and lost wages fully covered. Especially if the accident wasn’t your fault, it can seem awfully unfair to be stuck with piles of bills that you simply don’t deserve. The insurance adjuster may not believe your injuries are severe enough to warrant a settlement, or he may not even believe your injuries are related to the accident but were injuries you had prior to the accident. Keep in mind that the first settlement offer is likely to be extremely low. Insurance companies count on you wanting to get the settlement over and done so you can get on with your life. They also know that many times you will be absolutely unaware of the future medical bills you will be stuck with, so if they catch you early on, they can minimize their payout.

Your goal is to be patient and immovable as the Rock of Gibraltar. Determine the lowest amount you will accept after running the numbers. Make sure your bottom line number will completely cover the repairs to your vehicle, your medical bills past, present and future, any rehabilitation which could be involved, prescriptions, and money for all lost wages to date and any future lost wages you can anticipate. Once you’ve reached that figure, don’t budge. Politely tell the adjuster that this amount is what you will accept, and don’t be persuaded by anything they say to lower the amount. If the insurance adjuster also refuses to budge, it is time to contact a personal injury attorney.

Hiring an Attorney to Deal with the Difficult Adjuster

If you’ve exhausted your stores of patience and are becoming frustrated with the difficult adjuster, hiring a personal injury attorney can get the ball rolling in the right direction. Often all it will take is a call from your new attorney to get a much better settlement offer. Once your attorney reiterates your refusal to accept an unreasonable offer, your adjuster may become much less difficult. Besides—insurance adjusters do not want their company being sued. It looks bad to their boss or supervisor if every case they handle goes into litigation, and the truth is the adjuster wants to settle just as badly as you do, they simply don’t want to settle for a fair amount. Often all it takes is for your attorney to draft a complaint and send it over to the adjuster for his or her attitude to change dramatically and a reasonable settlement offer to be sent right back. Your attorney will look at your initial estimation of damages and let you know if it’s reasonable, or even too low, then the two of you can go from there. Your attorney will be much better equipped to deal with the difficult insurance adjuster—after all, that’s what they do every day.

 

Not all car accidents require the help of an attorney. Most of the time, you will not need the help of an attorney when property damage is the only issue, or if personal injuries were minor. In some cases, however, you may benefit greatly from the insight and expertise of a qualified car accident lawyer.

Consult an attorney if you were seriously injured. In addition to the actual amount of your medical expenses, you may be entitled to additional compensation for wages lost during your recovery, future economic loss, and even pain and suffering. An experienced attorney can help you beyond knowing what compensation to seek. Studies conducted over the last few years have shown that settlements negotiated by attorneys are as much as 3-1/2 times larger than those received by individuals without legal counsel.

Hire an attorney if the insurance company offers a settlement too soon. Settling out of court benefits the insurance company because it saves them money, but negotiating the settlement before enough time has passed to ascertain the degree of your injuries will do you an injustice. A qualified lawyer can review the case and determine whether or not the settlement offer is fair.

Get legal advice if the accident was your fault. In most states, even if you were negligent in some way, the other driver probably had some responsibility for the incident as well. Most states operate under a system called comparative negligence, which allocates a degree of responsibility to each party, based on their actions. If there is a chance that you might be sued, you should set up a consultation with a car accident attorney to discuss the case. Even if you were at fault, your lawyer may be able to help limit the degree of financial responsibility.

Seek legal help if insurance refuses to pay covered expenses or cuts off payments. Insurance companies obviously are in business to make a profit, but they are required to live up to the terms of the policies they’ve underwritten. If you feel that you did not receive the benefits to which you were entitled, ask a lawyer to review the situation.

Finally, talk to a lawyer if you’re uncertain about the legal process. You do have certain rights under the law, and if you think your rights have been abused, speaking with an attorney can clarify the situation. Initial consultations are usually free, and if you are entitled to benefits that have been withheld, your attorney is the best resource to resolve the problem.