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Should You Retain a Personal Injury Attorney for Your Vehicle Accident Claim? Common Myths Revealed


September 03, 2019

When you are involved in a serious, unanticipated collision, you must make important decisions while often feeling handicapped by physical pain, shock, and an unfamiliar situation.  If you have never had to pursue an injury claim through an insurance claim or lawsuit, the process can seem overwhelming without an experienced lawyer to guide you and represent your interests.  An insurance adjuster or investigator might contact you for a recorded or in-person statement.  While the representative from the insurance carrier might seem helpful and friendly, this individual does not have the best interest of potential claimants in mind. The best way to protect and maximize your claim is to understand the common yet unreliable statements you might be told by the other driver’s insurance company.

Myth No. 1: There is no need to retain an attorney to handle your insurance claim.

Reality – Although not every motor vehicle collision may justify retaining an attorney based on the facts and context of the situation, an injury claim merits scheduling a consultation with a lawyer to learn about your legal rights. According to several insurance industry studies, people represented by an attorney commonly receive significantly more money for their personal injury claims, and that is why the insurance company does not want you to get have legal representation! Our attorneys can help you avoid insurance company traps; navigate procedural requirements, evidentiary rules, legal standards, retain and consult with experts, gather and analyze relevant documents and other evidence, accurately assess the value of your claim, ensure that you comply with all legal time deadlines and notice requirements, and more.  With 35 years of experience representing injured people, and billions of dollars recovered for our clients,* Montlick & Associates, Attorneys at Law, prides itself on being a firm our clients can count on for skilled representation, hard work, and integrity.

Myth No. 2: The insurance company will provide fair compensation.

Reality – When you pursue a car accident claim, the other driver’s insurance company’s financial interest is directly adverse to your own.  The goal of the insurer is to find a basis to deny the claim or pay you the minimum amount possible, because they make more money by doing so.  When the insurance company knows that you are unrepresented and without a skilled law firm’s resources to back you up and fight on your behalf, the insurer has very little motivation to settle your claim for anything approaching its actual value.  When you hire Montlick & Associates, our only loyalty is to you.  

Myth No. 3: You must communicate with the other party’s insurance company to resolve your claim.

Although you need someone to communicate with the at-fault parties’ insurance company to resolve your claim, you are in the worst position to conduct this communication on your own.  Inadvertent statements in conversation with the insurance adjuster could be used by the insurance company to dispute liability, reduce your damages or be taken out of context altogether and be used in a way you did not intend.  For example, you might indicate that the accident caused pain in your back to reoccur. While this may not prevent you from recovering damages, the insurance company might argue that your compensation should be lower because of a pre-existing condition when in reality, your back pain may have been dormant or non-existent for many years prior to the accident occurring (and an aggravation of a pre-existing injury can legally be considered a new injury and compensable).  The best practice is to have all of your communications with the other party’s insurer handled by an experienced personal injury lawyer that handles vehicle accident claims.  This approach shields you from making unintentional disclosures that can be used against you later. If you avoid direct communication, you also mitigate the risk of making inconsistent statements that can be used to impugn your credibility now or later in a trial setting, if litigation becomes necessary.  

Myth No. 4: The cost of hiring a personal injury lawyer will significantly reduce the compensation you receive.

Insurance companies might suggest that retaining an attorney will mean fewer dollars in your pocket after paying legal fees.  However, insurers know from their own industry research that injury victims who hire an attorney tend to obtain substantially larger recoveries.  This is one reason why the insurance company does not want you to hire an attorney. At Montlick & Associates, we focus our practice around helping injured people all day, every day.  Let us fight the legal battle for you while you focus on what is important, healing and your family.

Put Our Law Firm's Over 35 Years Of Legal Experience To Work For Your Case!

If you have been injured by any type of accident caused by someone else's negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has recovered billions of dollars for our clients.* 

No matter where you are located our attorneys are just a phone call away, and we will even come to you.** Call us 24 hours a day/ 7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333), or dial #WIN (#946) from your cell phone. You can also visit us online at Montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

*Dollars recovered are cumulative and not indicative of individual case results. Each case is unique.  Results depend on the facts and applicable law. 

**Legal services are provided by Montlick & Associates, P.C. and local associated law firms at no additional cost to you depending on the jurisdiction and any specialized experience required.  For more information click here.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.