In short, yes, you generally should at least discuss your personal injury settlement with an attorney before you call the other driver’s insurance company.  The reason is that most insurance adjusters are in the business of limiting your claim, not necessarily giving you what’s fair.  The American legal system is an adversarial legal system, meaning that each party is assumed to be its own best advocate.  Most insurance adjusters have been trained by the insurance companies to get damaging admissions from you on the following subjects:

 

  • Who’s at fault?
  • How are you feeling today?
  • How did the accident happen?
  • Did you go to any hospitals?
  • Did you see a doctor?

 

If you tell the insurance company that you are “fine” a common response to the question “how are you doing today?”  it’s possible that you could be limiting your claim by telling them that you are “fine” days after the accident.  If you begin volunteering information about how the accident occurred it may be inconsistent with your police report or you may admit to speeding, talking on your phone, texting or being distracted.  Any of these admissions could limit your recovery under comparative fault in causing the accident.

 

A seasoned personal injury attorney can help you locate your medical records and billing records, your payroll records and receipts for any goods (prescriptions, bandages, uber or lyft rides) you had to purchase as a result of the accident.  The adjusters will need this information and an attorney can help you make sense of what your options are, use a comparative analysis with other cases similar to yours and advocate on your behalf with an insurance company to achieve the fair settlement that you need to move on and resolve the matter.  Often the attorney can: (1) help you avoid making mistakes in calculating your recoverable damages (2) compare your lawsuit with similar cases and (3) help you obtain and review your medical records and payroll records and advocate for a higher number, i.e. the “fair settlement” that you are seeking!

 

Please call today at (858) 926-5797.

Client Reviews

6/27/18, FindLaw.com

Rated 5 out of 5

We received a letter from an attorney representing an ex employee from years ago. This letter couldn’t have come at a worse time for our family. Although the ex-employee had no substance in their case and this was mostly a nuisance, we felt very vulnerable and unprepared. I reached out to a few lawyers for a quote and their retainer fees alone were deal breakers. When I reached Thomas Gallagher, he approached my case from a completely different angle and walked me through the many small steps we would take to get through this issue. Within the first conversation I felt like I had a plan of attack, an attorney I could trust, and that our family was protected. Our case ended up never going to court. In fact, Thomas was able to resolve the entire issue within a week. I am extremely happy with the results from this potential lawsuit, but even happier knowing my family and business is now protected by a lawyer than can get the job done.

anonymous

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