Car accident cases rarely make it to court. Instead, they are typically settled through negotiations. This fact makes many wonder, “Do I need a lawyer for a car accident settlement in Minnesota?” The answer is yes. Although a trial is not necessary when parties settle, injury victims still need experienced counsel to represent them against penny-pinching insurance companies that reap fantastic profits but fight hard to pay less for claims.
Mistakes People Make Without a Car Accident Lawyer
Many car accident cases seem to be straightforward incidents that need very little time to resolve with insurance. However, the truth is that car accident cases, although often straightforward, lead to an adversarial process where the victim seeks recompense from another party for their injuries.
Insurance companies vigorously defend against claims and lawsuits to reduce the amount of money they owe. Victims must fight against these efforts at skirting payment or receive little to no compensation for their losses. Sadly, those victims who seek to do so without an attorney typically make mistakes, many of which negatively impact the compensation payouts they receive.
Believing the Insurance Company Is on Their Side
One of the first errors injury victims without lawyers make is believing the insurance company is an ally in the compensation process. However, the exact opposite is true. As for-profit businesses, insurance companies seek to preserve and augment their bottom lines. These efforts are hampered by victims’ claims for compensation.
In other words, insurance company adjusters are beholden to their employers and do whatever is necessary to benefit the financial interests of the company. To them, injury victims should get as little as possible. Sadly, when victims believe insurance companies are on their side, they end up with far less compensation than they deserve or even nothing at all.
Recording a Statement for the Insurance Company
Often, an insurance company adjuster will attempt to get a recorded statement from the victim of an accident. One of the biggest mistakes a claimant can make is providing the company with this statement. Yet, claimants without lawyers regularly do so and end up hurting their cases. Either they believe they must provide the statement or they think that the adjuster is trying to help them.
Sadly, neither is true. The only professional looking out for injury victims during the compensation process is the personal injury attorney, and an attorney would never let their client hand over a recorded statement to an insurance company adjuster.
With a recorded statement, an adjuster can build a formidable defense against the victim’s claims and even get the claim reduced to zero. Words uttered by the victim can be stretched or twisted or may simply be inaccurate or incomplete. When they are, the victim’s case is in danger.
Settling for Substandard Compensation
Car accident victims in Minnesota may be entitled to significant compensation after a car crash. Without an attorney, they often leave much compensation on the table and walk away with less.
Minnesota is a no-fault insurance state, which means an accident victim’s insurance company is the first line of compensation after a wreck. However, no-fault insurance does not provide complete compensation for a victim’s losses. Only limited economic damages are covered by no-fault insurance, such as:
- Reasonable medical costs
- A portion of lost wages
- A portion of the expenses associated with the injury.
Personal injury protection (PIP) insurance companies work diligently to minimize claim payouts. They play on victims’ immediate need for resources and push claimants to accept quick but low-ball payouts. They dispute the value of claims and challenge the seriousness of injuries. Without an attorney to field these attacks, a car accident victim will get less than they deserve.
Seeking Too Much Compensation
Car accident attorneys fight hard to recover maximum compensation for their car accident clients. But they don’t let themselves be guided by greed. Their experience guides their efforts and helps them determine just how much money they should be pursuing.
Car accident victims without lawyers, on the other hand, may not have a good frame of reference for how much money their case is worth. Without the guidance of an experienced car accident lawyer, a victim may end up losing dearly in court, mediation, or arbitration instead of settling.
Leaving Compensation on the Table
Car accident victims are entitled to compensation from their PIP insurance and potentially other sources, such as negligent driver’s liability insurance. Many drivers are aware of this but are not aware of the various forms of compensation they may pursue.
For example, a claimant who is seeking damages above and beyond their PIP coverage may not be aware of the various forms of non-economic damages available, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium.
When pursuing damages caused by a car accident, it is ultimately up to the claimant to claim each specific compensable damage. Sadly, many car accident injury claimants without lawyers are unaware of what they are entitled to and end up leaving substantial compensation unclaimed.
The insurance company handling the case will never voluntarily offer to pay damages not listed by the claimant. It is the responsibility of the injury victim to list the damages they are seeking. With an attorney representing them, victims can rest assured that every form of compensation will be explored and pursued.
Legal and Procedural Mistakes
The compensation process for car accident injuries is controlled and regulated by a variety of rules and laws. Claimants must make sure to abide by all of the procedural and timing requirements involved with compensation claims or potentially lose out on damages.
Some of the errors claimants without lawyers often commit include:
- Missing filing deadlines, such as insurance reporting deadlines and the statute of limitations
- Filing wrong forms
- Providing incomplete or erroneous information on filings
- Making insurance filing mistakes
- Making jurisdictional mistakes
- Making claims against the wrong parties
- Showing deficiencies in wording on legal, insurance, and financial documents and forms.
Unfortunately, legal and procedural mistakes committed during the compensation process cause some victims without lawyers to forfeit compensation. For example, Minnesota car accident claims are governed by a statute of limitations of six years (three years in Wisconsin). Some car accident victims wait until after the deadline to pursue compensation, resulting in the loss of their valid claim.
Claimants with experienced car accident lawyers to represent them never have to worry about the legal and procedural rules and laws controlling their cases. Their attorneys handle everything and work hard to keep their cases in compliance.
How a Minnesota Car Accident Lawyer Can Help
Besides keeping you from making mistakes, a car accident lawyer will take care of all the essential tasks in your case, including:
- Locating and interviewing witnesses
- Investigating the accident and gathering evidence
- Reviewing the police accident report
- Gathering traffic and surveillance cam footage
- Consulting with accident, medical, and financial experts.
Additionally, hiring a car accident lawyer to represent you in your compensation claim will give you peace of mind as well as time to focus on your injuries and recovery. The last thing injury victims need is the stress of fighting for compensation. That is what lawyers are for.
Finally and most importantly, your car accident lawyer will likely recover far more compensation for your injuries than you can alone. Studies consistently show that represented claimants get compensated at much higher rates than victims without car accident attorneys.
Let Tyroler Leonard Injury Law Protect Your Interests!
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