Atlanta Accident Law Library

by Stokes & Kopitsky, P.A.

Your Georgia Injury Claim:
Do-It-Yourself, or Get an Attorney?

Sometimes, people who’ve been injured in an accident think that rather than hire an attorney, they should try to reason with the insurance company and settle it themselves. 

In a few situations, that’s a good idea.  If you have only a very small financial loss and no serious injury, you can accept the insurance company’s offer. 

But if you were actually injured, being a “do-it-youselfer” handling your own injury claim is a terrible idea.  Here’s how and why an experienced accident attorney can get you more money in the typical case (even after all attorney's fees are paid) than you could ever get for yourself. 

Size of the Settlement

1.  Do-It-Yourselfer:  Insurance company brings up a lot of hard-to-understand legalities and makes a lot of excuses.  Do-it-Yourselfer victim tries to reason with them, with no success.  And then waits.  And worries.  And finally takes what is offered – which is much less than the claim is really worth -- or else the legal time limit for filing a court case runs out and the insurance company is then “home free” and pays nothing at all.

2.  Experienced Accident Attorney:  Insurance company makes all the same claims, which your attorney quickly disputes.  The adjustor now has to send the case to an insurance defense attorney.  Meanwhile, your attorney sends legal documents and demands, so that the insurance company can see that dragging their feet will cost them attorney’s fees, court costs, and other legal expenses.  Plus, the insurance company will be taking a risk that your experienced attorney will be able to persuade a jury to award even more than your attorney is demanding.  After negotiations, your case settles.  And in the typical case, even after your attorney fees are paid, you will get more than you would have handling it by yourself.  In fact, the Insurance Research Council – the insurance industry’s own group -- found that, on average, injured people who use a lawyer receive three and a half times more money than those who do not!  (Source: Insurance Research Council, 2004 study)  This extra more than pays for the attorney’s fees.

Protecting Your Rights

1.  Do-It-Yourselfer:  The insurance company adjustor for the other driver calls and Do-It-Yourselfer calls back, thinking they're about to resolve the claim. The insurance adjustor asks to tape-record the conversation for his or her record, so Do-It-Yourselfer agrees. The adjustor then asks questions in a way that that the Do-It-Yourselfer’s answers seem to confirm that Do-It-Yourselfer should or could have done something to avoid the accident, or is not seriously injured.  This reduces or eliminates the value of their claim. The Insurance company then offers a very small amount of money.  The Do-It-Yourselfer accepts it, not realizing this ends the case and no more can be obtained.

2.  Experienced Accident Attorney:  Your attorney will deal with the insurance company and protect you from their wheeling and dealing.  Your attorney will instruct you to not speak to the company or the other driver except at a formal legal proceeding where your attorney is present to help and protect you. Your attorney will do all the negotiating with the insurer, taking away that stress and worry.  The insurance company will be prohibited from bothering you; by law, it must deal only with your attorney.  Your rights are protected from the get-go, leading to a much better settlement in the typical case, and preserving all of your claims for trial if no settlement is reached.

Negotiating With Insurance Adjustor

1.  Do-It-Yourselfer:  Like most people, Do-It-Yourselfer may not even realize they don't have to just take the first settlement the insurance company offers.  Even if they know this, Do-It-Yourselfer likely does not have the legal training and experience to negotiate as effectively as possible. And because the insurance company knows Do-it-Yourselfer lacks the legal expertise to conduct discovery, bring the correct motions, prepare and file trial briefs, and so on, the insurance company will offer much less than it would offer an experienced accident attorney.

2.  Experienced Accident Attorney:  Experienced accident lawyers have the background to quickly assess a value range for the claim. The accident attorney also knows roughly what it would cost the insurance company to take the case to trial, and can determine how likely it is that a jury will find in the victim’s favor.  The attorney uses their knowledge, legal training, and experience handing many accident claims and dealing with the same set of insurance companies over and over again to negotiate for the fairest possible settlement.

Understand the Full Value of Your Claim

1.  Do-It-Yourselfer:  Right after an accident, Do-It-Yourselfer might tell their insurance companies about their emergency-room bills, and get a settlement for that amount alone. Weeks later, they start to feel bad, go back to the doctor and find out that they need much more treatment -- but their claim is already settled, and by law, they can’t obtain any more money. They may also not realize that they are entitled to ask for additional compensation for the cost of property lost in the accident, the cost of time that had to be taken off from work, and compensation for the pain and emotional trauma of the accident. Many people don't even realize they can make these claims -- so they don't, and after the settlement, they can't.

2.  Experienced Accident Attorney:  An experienced accident attorney has a mental checklist of all the categories of loss that need to be considered in a settlement -- physical, financial, emotional and personal. The attorney also knows how to document these losses in a way that will be admissible in evidence at trial.  The attorney will hire accident reconstructionists, investigators, physicians, nursing consultants, rehabilitation specialists, and other experts to review the case to determine the causes of the accident, the extent of the injuries, what is needed for rehabilitation, and the ultimate prognosis for the injuries.  Because of their training, the lawyers can understand the medical reports and expert analysis.  Experienced accident attorneys are in the best position to maximize the victim’s compensation.

Experience and Specialized Knowledge on Your Side

1.  Do-It-Yourselfer:  The Do-It-Yourselfer accident victim may believe that the insurance company is on the victim’s side, but in reality, every insurance company is on its own side. An insurance adjustor's top priority is to save money by paying as little as possible in claims. The adjustor knows plenty about insurance claims and victim’s legal rights and options, but it is in the company’s interests that the victim remain ignorant.  Do-It-Yourselfer may trust the adjustor and end up settling for less than the claim is worth.

2.  Experienced Accident Attorney:  The experienced accident attorney will use his or her own knowledge and experience to evaluate the claim, without relying on the adjuster.  The attorney will get his or her own independent medical, engineering, rehabilitation, and other experts to provide insight and evaluations where needed. The attorney knows the victim’s legal rights under the insurance contract and state law, and will enforce those rights on behalf of the victim.

Preserving Valuable Evidence

1.  Do-It-Yourselfer:  Do-It-Yourselfer may call their insurance companies with nothing but their own accounts to back up their side of the story. Thinking they can trust the honesty of their own insurer -- who, after all, they've paid premiums to so they'll be covered in this situation -- they don't bother saving any written documents or other evidence of the case. Only when they encounter problems with the insurance company do they realize they needed those documents, or witness reports, or other evidence. Without it, they can't prove that the accident happened the way they said it did, and their claim may be denied outright or settled for less.

2.  Experienced Accident Attorney:  One of the first things a good accident lawyer will do after taking a case is ask for all documentation and the names of any witnesses to the accident. If the client gets to the lawyer quickly enough, the lawyer might take pictures or videos or look for independent witnesses. The lawyer also understands how to dig up documents that you may not have kept. Just as importantly, he or she knows which documents you may have overlooked -- timecards and pay stubs, bank statements, daycare bills -- showing the full extent of the costs the accident caused for you. With this information, an experienced accident lawyer can prove your case so fully that insurance companies will have to choice but to play fair, knowing they'll face a jury if they don't.

Meeting Legal Requirements

1.  Do-It-Yourselfer:  Do-It-Yourselfer can represent themselves in court, but they may not always understand what the job requires. Every lawsuit is subject to a statute of limitations that gives a time limit by which Do-It-Yourselfer must file their cases, or else they can't sue at all. They must also meet very specific legal requirements and deadlines, or their cases could be thrown out of court. Do-It-Yourselfer may not want to sue, but acting within the statute of limitations could still be important, because it will give them a bargaining chip. Without the threat of a lawsuit, insurers know their customers have few ways to enforce their rights, so they’re free to offer insultingly low settlements -- and customers often must take them in order to get any money at all.

2.  Experienced Accident Attorney:  Experienced accident lawyers know what statute of limitations, statute of repose or ante litem notice applies in any given case. After taking a case, they will move quickly to meet those deadlines so clients' cases are preserved. They also understand specific legal requirements from courts and other government agencies, so a simple mistake will never bar their clients from pursuing all the compensation they deserve. Instead of being forced to take any settlement offer they're given, clients can hold out for a settlement that pays the true value of their expenses.

If you were seriously hurt in an auto accident, it pays to call an experienced accident lawyer. Accident lawyers know the law, they know your rights and they understand the tricks insurance companies use to worm out of paying legitimate claims. With an experienced advocate on your side, you can win substantially more money than you would on your own -- the insurance industry's own research proves it. And because accident lawyers work for contingency fees -- meaning they don't get paid until and unless you win your case -- you don't have to worry about high legal fees at a time when you may already be dealing with skyrocketing medical and repair costs. Best of all, accident lawyers offer free consultations -- so there's no risk in talking to one about your case.

How to Contact Atlanta Injury Attorneys
Stokes & Kopitsky, P.A.

If you've been injured in a Georgia accident because of another person's fault - even if you were also at fault - we can help you. We're Atlanta injury lawyers Gregory M. Stokes and Neil J. Kopitsky, and we have over 30 years of experience helping injured people and their families get justice and payment when they are involved in a car accident, truck accident, motorcycle accident, slip and fall, or workplace accident. We've recovered millions of dollars in payments for our clients in Atlanta accident, Atlanta wrongful death cases, and Georgia injury or death cases.

Your initial telephone or office consultation is FREE and CONFIDENTIAL, and our fees are paid only from what we recover for you. There is no pressure; we want to help with your recovery and treat all our clients with courtesy, care, and respect. Please call toll-free any time, any day, to speak with us. We look forward to helping you. You can contact us at:

Toll-free Telephone: 1- (800) 552-9200

Local Atlanta Telephone: (404) 892-0014

E-mail: info@skattorneysatlaw.com