Do I Need an Attorney to Receive a Fair Settlement?

According to Nolo, a legal news website for consumers, insurance adjusters frequently value an injury claim by multiplying the “special damages” by a certain factor. An insurance adjuster typically uses a multiplier of “two or three” to determine an estimated value for your claim. Adjusters increase the multiplier depending upon the seriousness of injuries and recovery time. 

Generally, according to Nolo, a lower amount of medical bills will indicate that a lower multiplier should be used, such as one or one-and-a-half. A lower amount of medical expenses suggests to the insurance company a single visit to your primary care physician, was sufficient treatment. If you sought only one instance of medical treatment, the conclusion is that the pain and discomfort from your injury either wasn’t severe or didn’t last very long. On the other hand, if your medical expenses are much higher the insurance company will assume that this number represents an extended hospital stay or a treatment regimen of dozens of physical rehabilitation sessions. As a result, a higher multiplier, such as three, four or five, might be used to value your pain and suffering.

ou may not know the full extent or nature of your injuries for several weeks or months after the accident. Though at first, it may seem that your forehead was simply bruised you may have sustained a concussion or closed head injury; and that “stiff neck” might turn out to be a herniated disc. For this reason, it would be wise not to enter into a quick settlement with the insurance company. Any settlement will almost always include a release of all future claims. This release of claims means that the insurance company is no longer liable even if you discover new injuries.  

We recommend you speak with an Accident Advocate to become informed in these matters prior to any agreement of settlement with your insurance company or hiring an attorney. Call [insert company #] now.

Was your injury caused by a car accident, or did the car accident aggravate a condition for which you were already being treated?

If you had a prior injury aggravated by the accident, an insurance company will attribute a lesser settlement value. Unless, you have medical documentation explaining that the accident caused more pain and suffering, which required more treatment.

Did you seek medical attention immediately following a car accident, or did you complain of symptoms for the first time three weeks or six months after the accident? Was your treatment excessive? 

Insurance companies rarely attach the full value of medical expenses in regard to areas such as chiropractic treatment or physical therapy. If the adjuster believes the length of treatment might be excessive, they may not include these expenses in your settlement or may only cover partial expenses.

Chances are, unless you are an attorney or an insurance professional, you probably have no idea what your car accident claim is worth. The value of an injury claim depends on a multitude of factors:

• Severity and Permanency of the Injuries 
• Victim’s Age and Profession
• Victim’s Pre-accident Medical Condition
• Associated Medical Expenses and Wage Loss Incurred

For example, the same type of leg fracture will have a vastly different settlement value for someone who has a sedentary desk job compared to a professional football player. The insurance company will try to get you to settle your claims for as little as possible. If you don’t know the reasonable settlement value of your claim, you may accept an offer that doesn’t fully value your injuries and suffering.