When someone else’s reckless driving leaves you dealing with injuries, the aftermath can be a confusing mix of doctor visits, insurance calls, and financial concerns. Recovering from an accident is hard enough, but understanding how to pursue compensation for your injuries and losses adds a new layer of stress.
You may wonder, “Can I get a settlement for a car accident without a lawyer?”
While settling on your own is possible, many find that having an attorney’s guidance not only helps them understand the process better but also improves their chances of receiving fair compensation. Insurance companies often make the process complicated, and having a legal advocate can make all the difference in ensuring your needs are fully addressed.
Pursuing a claim means more than just reporting the accident—it involves providing proof of liability, understanding your insurance coverage, and effectively negotiating with insurers who may try to reduce or deny your claim. While you focus on healing, a skilled car accident attorney can handle these aspects, strengthening your case and working toward the best possible outcome.
Different States Have Different Insurance Laws
Your state’s laws determine who pays for damages after a car accident and influence the kind of settlement you might expect. Each state follows either a “no-fault” or “at-fault” insurance system.
Minnesota and North Dakota: No-Fault States
In no-fault states like Minnesota and North Dakota, you typically rely on your own insurance to cover medical expenses and lost wages after an accident, regardless of who was at fault. This coverage, called Personal Injury Protection (PIP), kicks in first to reduce the number of lawsuits filed over minor injuries.
However, if your injuries meet a certain threshold, you may be able to pursue compensation from the at-fault driver’s insurance. This threshold usually involves high medical costs or severe, lasting injuries.
Iowa and Wisconsin: At-Fault States
Iowa and Wisconsin, by contrast, follow at-fault rules. Here, the driver responsible for the accident—and their insurance company—must cover the costs of injuries and damage. If the other driver’s insurance doesn’t cover all of your expenses, you can seek additional compensation through a personal injury claim.
Comparative Negligence in Each State
Each of these states also handles comparative negligence, or shared fault, differently. In Minnesota, you can still seek compensation as long as your percentage of fault is “not greater than the fault of the person against whom” you’re seeking to recover damages.
Iowa and North Dakota have similar legislation, where your percentage of fault cannot exceed the fault of all other liable parties. In Wisconsin, you can claim damages if your fault is less than 51%
In each case, the amount of compensation you receive will be reduced by your percentage of fault.
Why the Insurance Company Is Not on Your Side
Though insurance companies advertise that they’re there for you, remember that their main goal is to protect their profits. They often look for ways to lower payouts, even when your injuries and losses are serious.
Adjusters may reach out with an initial settlement that seems appealing, but these offers are frequently lower than what you could potentially receive. Without understanding the full scope of your damages—including future medical expenses and loss of income—you might settle for less than you need.
Insurers also tend to use complex policy language that can be hard to decipher. Without a lawyer, navigating these details and knowing when to negotiate or hold out for more can be a challenge. An attorney knows how to counter lowball offers and press the insurance company for fairer compensation.
What to Do After a Motor Vehicle Accident
The moments following a car accident can feel like a blur. Knowing the steps to take can make a difference in your recovery and your ability to pursue a claim later on.
At the Accident Scene
If you’re still at the scene and able to move, check for injuries and call 911 for emergency assistance. If it’s safe, gather information from others involved in the accident, including contact details, insurance information, and license plate numbers.
Taking photos of the scene, damage to the vehicles, and any visible injuries can also serve as valuable evidence for your claim. Avoid discussing fault with anyone at the scene; it’s best to leave that for the insurance companies and legal professionals to sort out.
If You’re Hospitalized or Recovering at Home
If your injuries require immediate medical attention or hospitalization, your health and recovery come first. However, it’s still possible to take steps toward a claim while you heal.
Keep track of all medical records, treatments, and expenses related to the accident, and avoid making any recorded statements to the insurance company until you have legal advice.
Your medical records and expenses become key pieces of evidence to demonstrate the impact of the accident on your health and finances. Reaching out to a car accident lawyer during this time can help you better understand your claim options and ensure you don’t inadvertently weaken your case.
How a Car Accident Attorney Can Help
When you’re hurt and facing growing medical bills and time away from work, it’s easy to feel overwhelmed.
Having an experienced car accident attorney by your side can help you take control of the process, allowing you to focus on getting well. Here’s how they make a difference:
Investigating the Accident
A lawyer can thoroughly investigate your accident to establish fault. This may involve gathering eyewitness accounts, reviewing police reports, examining photos from the scene, and consulting accident reconstruction experts. With a comprehensive understanding of how the accident happened, your attorney can build a strong case that clearly shows why you deserve compensation.
Evaluating Damages
Knowing the true value of your claim is essential. Damages may go beyond immediate medical bills to include future medical expenses, lost wages, loss of earning capacity, pain and suffering, and more. A lawyer can assess these factors to determine a fair settlement amount that covers your current and anticipated needs.
Negotiating with Insurance Companies
Insurance adjusters often use tactics to lower payouts, such as disputing fault or questioning the extent of your injuries. Your attorney can handle these negotiations, countering the insurer’s arguments and advocating for the full amount you’re owed. This is especially helpful when insurers delay responses or make settlement offers that don’t account for your total losses.
Preparing for Litigation if Necessary
While many claims resolve through settlement, some require a lawsuit to reach a fair outcome. If the insurance company refuses to negotiate in good faith, an attorney can take your case to court. Having a lawyer with trial experience signals to the insurer that you’re prepared to pursue your claim fully, often leading to fairer settlement offers.
What Types of Compensation Can an Attorney Help Me Obtain?
An attorney can help you pursue various types of compensation to cover the wide-ranging impacts of your car accident injuries and losses. These include:
Medical Expenses
Medical expenses are often the largest part of a personal injury settlement. These include costs for emergency care, hospital stays, surgeries, doctor visits, physical therapy, medications, medical devices, and any other treatment directly related to your injuries.
If your injuries require ongoing treatment or future surgeries, an attorney can help estimate these future costs and include them in your claim.
Lost Wages
Injuries from a car accident may leave you unable to work temporarily or, in severe cases, prevent you from returning to your previous job at all. Lost wages compensate for the income you missed while recovering.
If your injuries will affect your ability to work in the future, your attorney can also pursue compensation for **loss of earning capacity**, covering the impact on your career prospects and financial stability.
Property Damage
Car accidents often lead to significant damage to your vehicle and potentially other personal property inside it. Your attorney can help ensure that you receive fair compensation for repairs or the replacement value of your car if it was totaled.
This also includes coverage for rental cars or other transportation expenses you may need while waiting for repairs or a replacement vehicle.
Pain and Suffering
Pain and suffering compensation covers the physical discomfort, chronic pain, and overall loss of enjoyment in daily activities due to accident-related injuries.
While this isn’t as straightforward to calculate as medical bills, an attorney can help establish the severity of your suffering by using medical records, doctor testimonies, and your personal account of how the injury has affected your life.
Emotional Distress
Emotional distress compensation addresses the psychological impact of a car accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
A car accident can be a traumatic experience, especially if it leads to long-lasting mental health effects. Your attorney can work with mental health professionals to document these conditions and show how they are connected to the accident.
Loss of Consortium
In some cases, your injuries may also affect your relationships with loved ones, particularly with a spouse or family members. Loss of consortium compensates for these relational impacts, covering the loss of companionship, affection, and support that can occur when injuries change family dynamics.
This type of compensation is typically sought by the injured person’s spouse or family members and can add to the overall damages pursued in a personal injury claim.
Disfigurement or Permanent Disability
When an accident leads to disfigurement, scarring, or permanent disability, it changes the injured person’s life in profound ways. Compensation for permanent disability or disfigurement aims to address the long-term effects these injuries have on your self-image, mobility, and overall quality of life.
An attorney can help estimate the financial impact of such life-altering injuries and argue for fair compensation to cover these effects.
Other Out-of-Pocket Expenses
Car accidents can result in a range of unexpected costs, from transportation to and from medical appointments to modifications in your home if you need accessibility adjustments.
These out-of-pocket expenses may seem minor compared to medical bills but can add up quickly. Your attorney can help document and include these additional costs in your claim to ensure you are fully reimbursed for all accident-related expenses.
Why Having an Attorney Can Increase Your Compensation
While some types of compensation, such as property damage, may seem straightforward, others—especially pain and suffering or future medical expenses—require careful calculation and negotiation. Insurance companies often downplay or underestimate the full scope of these damages, hoping claimants will accept a lower settlement than they need.
An attorney can present a well-documented claim, negotiate assertively, and, if necessary, take the case to court to seek full compensation.
An experienced car accident attorney understands the nuances of each type of compensation and can work to maximize the amount you receive. By addressing every impact of your injury—physical, emotional, and financial—they help ensure that you have the resources needed for a complete recovery.
How Do I Pay an Experienced Car Accident Lawyer?
Legal expenses can seem like a barrier, but most car accident lawyers work on a contingency fee basis. This means you won’t need to pay upfront or hourly fees. Instead, your attorney receives a percentage of your settlement or award, aligning their interests with yours to pursue the maximum possible recovery.
This approach allows you to access quality legal help without financial strain. If your claim doesn’t lead to a settlement or award, you typically won’t owe anything for their services, removing the financial risk from you.
This arrangement also means your lawyer has a vested interest in achieving a positive result, whether that means negotiating a favorable settlement or taking the case to court if the insurance company doesn’t offer a fair deal.
Contact Nicolet Law Accident & Injury Lawyers
After an accident, you deserve a team that will prioritize your recovery and work tirelessly to pursue the compensation you need.
At Nicolet Law Accident & Injury Lawyers, we understand what you’re going through and are committed to guiding you through every step of your claim.
Don’t face the insurance companies alone. Reach out today for a free case evaluation and let us take on the burden of fighting for your rights while you focus on healing.