Every year in Florida, more than 3 million people are injured in car accidents – and 40,000 motorists are killed. Billions of dollars are paid out by insurance companies to reimburse people for their injuries. Because it costs them so much, a personal injury settlement is one payout which they try to limit as much as possible.

To obtain the money that you deserve after an accident, there are pitfalls to avoid and steps you should take. One of the biggest mistakes people make is dealing with insurance companies on their own. The adjustors are trained to lull accident victims into a false sense of security to trick you into making a mistake. For instance, the first time they speak with you and say “Hello, how are you today?” if you answer with “I’m fine, thank you”, they can use that to prove that you are not suffering. This is why having a personal injury attorney is so important, right from the beginning of the process.

Important to Know at the Scene

It may be difficult to keep your cool just after a traumatic accident, but try to keep your head. Stay calm, and speak as little as possible.

Avoid Admissions of Guilt: Your personal injury settlement may be adversely affected if it is determined that you have admitted that the accident was your fault. Often, the first thing we do is apologize to the other driver. “I’m so sorry, I didn’t see you” or “I can’t believe this, I just looked down for a second!” may both be detrimental to your settlement amount. However, do take note if the other driver makes such statements.
Never Refuse Medical Assistance: Many people’s gut level response to an accident is to say “I’m ok, I don’t need the paramedics.” Adrenalin is often high after an accident, and you may not realize right away that your neck or back is injured. By refusing help, it may be considered proof that you were fine at the scene and “exaggerating” your injury later to maximize your payout.

Negotiating Your Personal Injury Settlement

If you have just a sprain or a few bruises, and your doctor has determined hat there will be no long term affects, you may choose to deal with your insurance company on your own. After all ,the costs they will have to pay are fairly straightforward – actual costs of medical treatment or physical therapy, lost wages for a few days, and perhaps a small reimbursement for pain and suffering.

However, in a serious car accident scenario, seek the assistance of an experienced personal injury attorney. Head or spinal cord injuries, facial scarring, or injuries that require long term hospitalization likely require professional advice to obtain the highest dollar amount. The insurance company is not looking out for your best interest – remember, they are looking to limit the amount of the personal injury settlement.

Comparative liability: The insurance company may limit your payment if they can prove that you were at fault, at least partially. Therefore they may try to trick you into admitting something, such as “I’ll bet three kids in the car can get distracting!” Because of comparative negligence laws, any admission (intended or not) of partial blame may significantly reduce your settlement.
The first offer: You never want to take the first offer of settlement. It is often the insurance company’s hope that they can close the case easily and cheaply. This is where the experience of a personal injury lawyer in invaluable. They can advise you as to the average settlement amount which has been paid out for similar cases in the past.
You shouldn’t go into a settlement discussion without understanding the full scope of what is reasonable given your circumstances. Also, the insurance company will try to make you take the first offer to avoid a trial altogether, so there is usually room for more. That being said, you not only don’t want to ask for too little; you don’t want to ask too much. Asking for 7 figures for a broken wrist may make you look unreasonable.For more information about representation for your Sarasota personal injury case, call Probinsky & Cole – before you call anyone else.