Can A Lawyer Get More Money For An Accident Claim Than If You Handle An Injury Case On Your Own?

After an accident, one of the first questions many injured people have is whether hiring a personal injury lawyer could actually make a financial difference.

If an insurance company has already contacted you, you may wonder whether you should simply handle the claim yourself, submit your medical bills, and negotiate directly with the adjuster. In relatively minor cases, some people choose to do exactly that.

But when injuries are serious, liability is disputed, treatment is ongoing, or the insurance company is minimizing the claim, handling the case on your own can become much more difficult.

So, can a lawyer get more money for an accident claim than you might recover on your own?

Oftentimes, yes. No lawyer can guarantee that hiring an attorney will increase the value of a particular case. However, an experienced personal injury lawyer may be able to identify damages, insurance coverage, liable parties, and evidence that an injured person might otherwise overlook, or request a settlement that an unrepresented person may not know to ask for. A lawyer can also negotiate with the insurance company and pursue litigation when appropriate. Our injury lawyers have handled more than 6,500 accident and injury claims and understand case values. Insurance companies also typically understand case values. Insurance companies often try to low-ball an unrepresented person or scare them into accepting a lower offer than the case may be worth.

The Law Offices of Jason Turchin represents individuals in Florida and nationwide in personal injury, car accident, premises liability, defective product, and wrongful death cases. If you were seriously injured in an accident, our firm can review your claim and help determine what compensation may be available.

Why Insurance Companies May Offer Less Than an Injury Claim Is Worth

Insurance companies evaluate claims from a financial perspective. An adjuster may investigate the accident, review medical records, assess liability, and determine how much the insurer is willing to offer to resolve the claim.

That amount does not necessarily represent the maximum amount the injured person could potentially recover.

An insurer may dispute:

• Who caused the accident
• Whether all medical treatment was related to the accident
• Whether future treatment is necessary
• How long an injured person was unable to work
• Whether an injury is permanent
• Whether prior medical conditions contributed to the symptoms
• The extent of pain and suffering
• Whether another party may share responsibility

An injured person handling a claim alone may not know how to respond to these arguments or what evidence may be needed to challenge them.

An experienced personal injury lawyer can evaluate the claim independently rather than relying solely on the insurance company’s assessment.

A Lawyer Can Help Identify Damages You May Have Overlooked

One of the biggest differences between handling a claim yourself and hiring an attorney may involve understanding the full extent of your damages.

Many people initially focus on their current medical bills.

However, a serious injury claim may involve much more.

Potential damages can include:

• Emergency medical expenses
• Hospital bills
• Surgery
• Physical therapy
• Rehabilitation
• Prescription medication
• Future medical treatment
• Lost wages
• Reduced future earning capacity
• Physical pain
• Emotional distress
• Permanent impairment
• Scarring or disfigurement
• Reduced quality of life

If an injured person settles a claim based only on bills accumulated during the first few weeks or months after an accident, the settlement may not account for future losses.

Once a settlement agreement and release are signed, the claim is generally considered resolved. That makes it important to understand the potential long-term consequences of an injury before accepting an offer.

Future Medical Expenses Can Significantly Affect an Injury Claim

Some injuries require treatment long after the accident. For example, a person who suffers a serious back injury may initially undergo physical therapy and injections. Months later, doctors may recommend surgery.

Likewise, someone who suffers a broken bone may eventually need additional procedures to remove hardware or address complications. Someone with a burn injury could require future scar treatments.

Future care can potentially include:

• Surgery
• Diagnostic imaging
• Pain management
• Physical therapy
• Occupational therapy
• Medical equipment
• Prescription medication
• Follow-up appointments
• Rehabilitation

An experienced personal injury attorney may review medical records and, when appropriate, work with treating physicians or other professionals to better understand what future treatment may reasonably be expected.

Without considering those costs, a settlement could potentially undervalue the claim.

A Lawyer May Be Able to Identify Additional Insurance Coverage

Another important issue is determining how much insurance coverage may be available. After an accident, an injured person may initially know about only one insurance policy. However, additional coverage may sometimes exist.

For example, a serious car accident could potentially involve:

• The at-fault driver’s liability insurance
• A vehicle owner’s policy
• Uninsured or underinsured motorist coverage
• An employer’s commercial automobile policy
• Rideshare coverage
• Umbrella insurance
• Additional policies involving other responsible parties

Likewise, a premises liability or product liability case may involve several companies and insurance policies.

An attorney can investigate the parties involved and determine whether additional sources of recovery may be available.

A Lawyer Can Investigate Whether More Than One Party Is Responsible

Some accidents involve more than one potentially responsible party. Consider a crash involving a delivery vehicle.

At first, it may appear that the only claim is against the driver. However, an investigation could potentially reveal issues involving:

• The driver’s employer
• The vehicle owner
• A maintenance company
• A contractor
• A vehicle manufacturer
• A defective automotive component

Similarly, a slip and fall accident may involve both a property owner and an outside cleaning or maintenance company.

A defective product injury may involve a manufacturer, importer, distributor, retailer, or component manufacturer.

Identifying all potentially responsible parties can be particularly important when the injuries are severe.

A Lawyer Can Gather Evidence to Strengthen the Claim

The amount an insurance company is willing to pay often depends heavily on the available evidence. An injured person may know what happened but still need evidence to prove it.

Depending on the accident, evidence may include:

• Police reports
• Incident reports
• Surveillance footage
• Dash camera footage
• Photographs
• Witness statements
• Medical records
• Medical imaging
• Employment records
• Vehicle damage
• Product evidence
• Maintenance records
• Inspection records
• Cell phone records
• Electronic vehicle data

A lawyer may also work with accident reconstruction professionals, engineers, medical professionals, economists, or other qualified individuals when appropriate. Strong evidence can help establish both liability and damages.

Insurance Adjusters Handle Injury Claims Every Day

For many injured people, an accident claim may be their first experience negotiating with an insurance company. For the insurance adjuster, it may be one of dozens or hundreds of claims handled that year. This difference in experience can matter.

An adjuster may understand:

• What information to request
• Which questions to ask
• How similar claims are evaluated
• Which arguments may reduce the insurer’s exposure
• When an injured person may be willing to settle quickly for a lot less money than they have available to pay

A personal injury lawyer can communicate with the insurer and help level that experience gap.

A Lawyer Can Evaluate Whether a Settlement Offer Is Reasonable

One of the hardest questions for someone handling a claim alone is:

“Is this a good settlement offer?”

Without experience evaluating injury claims, it can be difficult to know. Imagine an insurer offers $25,000 to settle a claim. That amount may sound substantial. But what if the injured person has already incurred $18,000 in medical bills, remains unable to work, and may require surgery?

In that situation, the offer may not adequately account for the full extent of the losses.

On the other hand, every injury claim is different. There is no universal formula that determines what an accident case is worth.

A lawyer can consider the available evidence, medical treatment, liability issues, insurance limits, permanent injuries, lost income, and other factors before advising whether a settlement offer appears reasonable.

Lawyers Can Negotiate From a Different Position

An insurance company knows that someone handling a claim without an attorney may have limited options if negotiations fail. An attorney can prepare the claim with litigation in mind.

That can involve:

• Gathering evidence
• Evaluating witnesses
• Documenting damages
• Researching applicable law
• Preparing a demand
• Filing a lawsuit when appropriate

The ability to pursue litigation does not guarantee a larger settlement. However, it can change the dynamics of negotiations if the insurer knows the claim can be taken to court when a reasonable agreement cannot be reached.

What Happens if the Insurance Company Refuses to Pay Fair Compensation?

Negotiations do not always lead to a settlement. If the insurer disputes liability or refuses to offer an amount that appropriately reflects the claim, a lawyer may recommend filing a lawsuit.

Litigation may involve:

• Filing a complaint
• Serving defendants
• Written discovery
• Depositions
• Medical examinations
• Expert testimony
• Motions
• Mediation
• Trial preparation

An injured person technically may represent himself or herself in many civil cases, but litigation can become procedurally and legally complicated.

An attorney can handle those requirements while continuing to advocate for the injured person’s claim.

Example of How Legal Representation Could Affect an Accident Claim

Consider a hypothetical example. A driver suffers a serious shoulder injury after being rear-ended. The insurance company initially offers $20,000. At first, the injured driver considers accepting the offer because the emergency room bills and initial medical treatment total approximately $12,000. However, the person’s doctor later determines that shoulder surgery may be necessary. The injured person has also missed work and may experience permanent limitations.

An attorney reviewing the case could potentially identify additional damages involving:

• Future surgery
• Rehabilitation
• Lost wages
• Reduced future earning capacity
• Permanent impairment
• Pain and suffering

The attorney may then negotiate based on the full extent of the documented injuries rather than only the initial bills.

This hypothetical does not mean every lawyer-represented claim will result in more compensation. It illustrates why understanding the complete picture can affect how a case is evaluated.

Does Hiring a Lawyer Guarantee a Bigger Settlement?

Not always. No attorney can ethically guarantee that hiring a lawyer will result in more money.

The value of an accident claim depends on many factors, including:

• The severity of the injuries
• Who was at fault
• Available insurance coverage
• Medical treatment
• Permanent injuries
• Lost income
• Quality of the evidence
• Applicable law
• Credibility of witnesses
• Whether liability is disputed

Some claims may have limited value regardless of whether an attorney is involved. Others may become substantially more complicated than the injured person initially expected.

The purpose of hiring a lawyer is not simply to demand a larger number. It is to investigate the claim, identify available damages, understand the applicable law, preserve evidence, and advocate for the injured person’s interests.

What About Attorney’s Fees?

One common concern is whether attorney’s fees will reduce the amount the injured person ultimately receives.

Many personal injury lawyers work on a contingency fee basis. This generally means that the attorney’s fee is based on a percentage of the recovery rather than an hourly fee paid upfront.

At the Law Offices of Jason Turchin, qualifying personal injury cases may be handled on a contingency fee basis. There are generally no attorney’s fees or costs owed to our firm unless there is a recovery. When evaluating whether to hire an attorney, an injured person may want to consider the potential net recovery after fees rather than simply comparing gross settlement amounts.

Can You Negotiate an Accident Claim Yourself?

You generally have the option to handle your own personal injury claim, but it is not recommended. For a relatively minor accident where the case may only be worth say $1,000, and involves limited injuries, straightforward liability, and no medical treatment, some people choose to negotiate directly with the insurer.

However, serious cases may involve issues that are difficult to evaluate without legal experience. You may want to consider speaking with a lawyer if:

• You suffered serious injuries
• You received stitches
• You have burns or scars or discoloration
• You sustained a fracture
• Surgery may be necessary
• Your injuries may be permanent
• You missed substantial time from work
• Liability is disputed
• Several vehicles were involved
• A commercial vehicle was involved
• The insurance company blames you
• The insurer denies the claim
• You received a settlement offer that seems low
• Multiple insurance policies may apply
• Someone died in the accident

Most personal injury firms offer free consultations, allowing an injured person to learn more about their options before deciding how to proceed.

What if You Are Partially at Fault for the Accident?

Insurance companies may attempt to reduce a claim by arguing that the injured person was partly responsible for the accident.

Florida’s comparative fault law can affect compensation in negligence cases. Under Florida Statutes section 768.81, damages may be reduced according to a claimant’s percentage of fault. The statute also generally prevents recovery in applicable negligence actions when the injured party is found to be more than 50 percent at fault, subject to statutory exceptions.

For example, an insurance company might argue that an injured driver was speeding even though the other driver ran a red light. A lawyer may investigate whether that allegation is supported by the evidence and challenge attempts to assign an excessive percentage of responsibility to the injured person.

How Long Do You Have to File an Accident Claim in Florida?

Florida imposes deadlines for filing personal injury lawsuits. Under the current Florida statute, many negligence actions are subject to a two-year statute of limitations. Different deadlines and procedural requirements may apply depending on the claim, when it arose, the parties involved, and other circumstances.

For example, a case involving a government entity, wrongful death, medical malpractice, or another specialized claim may involve different rules. Because missing an applicable deadline can potentially prevent a claim from proceeding, it is important not to assume that every injury case has the same filing period.

Should You Accept the Insurance Company’s First Settlement Offer?

Not necessarily. An early settlement offer may arrive before you know:

• Whether you need surgery
• How long recovery will take
• Whether you can return to work
• Whether your injuries will be permanent
• How much future medical treatment may cost

Accepting an offer typically requires signing a release resolving the claim.

Once the claim has been settled, you generally cannot return to the insurer months later and request additional compensation because your injuries turned out to be worse than expected. For that reason, it may be useful to have an attorney review a significant settlement offer before you accept it.

Frequently Asked Questions About Hiring a Lawyer for an Accident Claim

Do lawyers usually get higher accident settlements?

A lawyer may be able to help identify additional damages, evidence, insurance coverage, and responsible parties that can affect the value of a case. While no attorney can guarantee a higher settlement, they often try to fight to get the most compensation the victim is entitled to.

Can I hire a lawyer after I already started negotiating with insurance?

Usually, yes. If you have not already finalized the claim and signed a release, you may still be able to retain an attorney. However, sometimes you may have given statements which could hurt your case value. That’s one reason it is generally recommended to not speak with the other person’s insurance company.

What if the insurance company already made an offer?

An attorney can review the offer and the circumstances of your claim. The fact that an insurer has made an offer does not necessarily mean you must accept it.

Should I give the insurance company a recorded statement?

Whether you are required to provide a statement can depend on which insurer is requesting it and the policy involved. Before giving a recorded statement in a serious injury case, you may want to understand your obligations and potential legal implications. In general, you should not give a statement to the other person’s insurance company without first speaking with a personal injury lawyer.

Can a lawyer find insurance coverage I did not know existed?

Potentially. Lawyers can investigate the parties involved and review available policies to determine whether additional coverage may apply.

What if my medical bills are still increasing?

Ongoing treatment is one reason it may be premature to settle. A lawyer can evaluate whether future medical expenses should be considered.

Can a lawyer help if the insurance company says I caused the accident?

Sometimes. An attorney can investigate the accident and gather evidence relevant to liability and comparative fault.

What if I already signed a settlement release?

A signed release can make reopening a claim extremely difficult. The enforceability of a particular agreement depends on its terms and applicable law. If you have already signed one and have concerns, an attorney can review the document.

Is it worth hiring a lawyer for a small injury claim?

It depends on the circumstances. A relatively minor accident may not require representation. A free consultation can help determine whether hiring an attorney makes sense for the particular claim.

How much is my accident claim worth?

There is no universal formula. Potential value depends on liability, injuries, treatment, permanent impairment, lost income, insurance coverage, comparative fault, and many other factors.

How a Personal Injury Lawyer May Help Maximize an Accident Claim

The goal of hiring a lawyer is not simply to put a larger number in a demand letter.

An experienced personal injury attorney may help develop the claim by:

• Investigating how the accident happened
• Preserving important evidence
• Identifying responsible parties
• Finding potentially available insurance coverage
• Reviewing medical records
• Documenting current and future losses
• Evaluating lost income
• Responding to allegations of comparative fault
• Negotiating with insurance companies
• Filing a lawsuit when appropriate
• Preparing the case for trial if necessary

Each of these steps can potentially affect how an accident claim is evaluated.

Contact the Law Offices of Jason Turchin About Your Accident Claim

If you were injured in an accident and are trying to decide whether to handle the insurance claim yourself or hire an attorney, the Law Offices of Jason Turchin can review your situation and discuss your options.

Our experienced personal injury attorneys handle car accident, premises liability, product liability, burn injury, catastrophic injury, wrongful death, and other injury claims in Florida and nationwide.

We can investigate the accident, review available insurance coverage, evaluate the damages, communicate with insurers, and pursue compensation from potentially responsible parties when appropriate.

Call the Law Offices of Jason Turchin at (800) 337-7755 for a free consultation. Qualifying personal injury cases may be handled on a contingency fee basis, which means there are no attorney’s fees or costs owed to our firm unless there is a recovery.