Getting financial compensation after a car accident usually means an insurance settlement rather than a trial. On your own, navigating settlement success can be difficult. A car accident lawyer can walk you through the legal process, helping you understand and effectively manage each phase of negotiations.
When a car accident lawyer manages your insurance claim, you have the added benefit of being able to focus on your physical recovery. You will also have the peace of mind from knowing your case meets all required legal parameters. Both factors are also part of a successful settlement.
Settlement Success Strategies for Negotiating Car Accident Claims
The first necessary part of a successful car accident claim is proving the at-fault driver’s negligence caused the collision. That means proving they owed you a duty of care and breached that duty. It also means proving the accident would not have happened without their action and that you incurred financial losses as a result.
Strategies your personal injury lawyer will use to prove negligence and your damages include:
- Listening to your version of events
- Collecting and organizing evidence, such as the police report, medical records, and accident scene photos
- Gathering witness statements
- Consulting relevant expert witnesses
- Negotiating with the responsible party’s insurance company
- Protecting you from a lowball offer
Your car accident attorney’s role also includes deposing the negligent party and others to determine the accident’s cause. It also means using the accumulated evidence to steer your case toward the best possible settlement.
Car Accident Claims Negotiation Tips to Obtain Fair Compensation
Negotiating a settlement with the at-fault party’s insurance company can be daunting. In addition to assessing your known damages, it means forecasting the future costs of your car accident. Without this important step, you could unintentionally undervalue your claim and receive a smaller settlement than you deserve to recover.
Track Your Treatment Costs and Other Out-of-Pocket Expenses
Your lawyer can easily prove your medical bills and car repair costs with the documentation that usually accompanies them. Collect your medical, rehab, and therapy bills from all medical professionals and facilities.
You can also collect paycheck stubs and direct deposit receipts that prove the value of your lost income. Finally, consult respected guides that prove the value of your vehicle, including any upgrades.
Let a Car Accident Lawyer Serving Fort Myers Speak on Your Behalf
Your personal injury attorney can also examine the at-fault driver’s policy, understand its financial limitations, and communicate with the insurance adjuster. They will clarify your rights as the injured party, assign an accurate value to your case, and submit your case file. Your legal team will submit a settlement demand letter, field settlement offers, and make counteroffers as needed.
You should also avoid posting about the accident on social media channels or accepting unknown friend requests.
You Do Not Have to Accept the Insurance Company’s First Settlement Offer
Sometimes, an insurer might try to settle your lawsuit quickly—too quickly, in fact. Your personal injury lawyer will ensure you don’t accept an offer too soon, before you understand the full costs of your auto accident.
Your lawyer will negotiate for fair compensation on your behalf. Their intervention can mean the negligent driver’s insurance company does not undervalue or underpay your personal injury claim with a speedy settlement offer.
Damages You Can Recover With a Car Accident Settlement
A fair settlement after a car accident will cover your economic and non-economic damages. If your loved one passed away in a fatal car accident, it should also include wrongful death damages.
Monetary compensation for car accidents can include: 
- Known and anticipated medical expenses
- Known and anticipated lost wages
- Property damage, loss, or diminishment
- Lasting impairment and disfigurement
- Physical and emotional distress, loss of enjoyment of life, and other forms of mental and physical pain and suffering
- Wrongful death damages, where applicable
Your auto accident attorney will also fight for an accurate distribution of fault if the at-fault driver or their legal representation alleges that you contributed to the collision. How fault is apportioned matters since Florida’s comparative negligence law states that your settlement will be decreased by the percentage of negligence attributed to you, per Florida Statutes § 768.81.
A Car Accident Attorney Serving Fort Myers Can Clarify the Statute of Limitations
The statute of limitations in Florida governs the deadline for filing a car accident lawsuit. It generally gives you two years to file your personal injury or wrongful death lawsuit, per Florida Statutes § 95.11.
Meeting the statute of limitations on your own can be hard since it can change, according to Florida Statutes § 95.051. The state also recently reduced the time limit from four years to two. Your motor vehicle accident lawyer can interpret how it applies to your case and help you avoid inadvertently filing your personal injury lawsuit too late.
Get Legal Help Navigating the Settlement Negotiation Process After a Fort Myers Car Accident
If you or a loved one was involved in a car accident, our personal injury law firm can help you navigate settlement success with a car accident lawyer. Contact our legal professionals at the Law Offices of Wolf & Pravato by calling (954) 633-8270 today for a free initial consultation. We will fight for a successful outcome to your case.
