Can You Settle a Car Accident Claim Without a Lawyer?

Can You Settle a Car Accident Claim Without a Lawyer? While it is possible to handle a car accident claim on your own, it may not be the best choice. This is primarily because insurance companies will use all tricks and tactics to lowball settlements.

Car accidents can be daunting experiences due to potentially severe injuries and losses. If you’re involved in one, you might wonder whether or not it is possible to settle a car accident claim without hiring a lawyer.

At Burger Law, we understand that personal injury cases can be overwhelming and life-altering. Whether you’re filing for personal injury or a wrongful death claim, we can help you build a strong case. Our St. Louis car accident lawyers will provide a compassionate approach to handling your case and ensuring you receive the justice and compensation you deserve.

Complex Legal System

The legal system is a vast and intricate web of laws, regulations, and procedures designed to govern society, resolve disputes, and ensure justice. For instance, personal injury cases in Missouri are primarily governed by tort law. Tort law deals with civil wrongs and the liability that arises from those wrongs. To successfully settle a car accident claim, one must be able to understand the issues surrounding the car accident claims system.

Additionally, your car accident lawyer understands Missouri’s comparative fault system. This means that if the fault is shared
among different parties, the plaintiff can still recover damages. However, determining the percentage of fault can be a contentious issue during litigation, which requires the knowledge of a lawyer.

Procedural Rules and Formalities

Strict procedures and formalities govern legal proceedings. If you don’t adhere to these rules, your case may be dismissed or may have unfavorable outcomes.

One of the most important aspects of personal injury law in Missouri is the statute of limitations. This legal concept sets the deadline for filing a personal injury lawsuit. In Missouri, you have five years from the date of the injury to file your personal injury lawsuit.

Additionally, there are limitations on the amount of damages recoverable in personal injury cases. These caps are reviewed from time to time, and this may add complexity to the calculation of potential compensation.

For a layman, it can be hard to understand these laws. Unfortunately, if you fail to meet these deadlines and formalities, you may lose the right to pursue a legal claim.

Ever-Evolving Legislation

The legal landscape is far from static, and one of its most dynamic aspects is the ever-evolving legislation. This constant process of change and adaptation in laws is a fundamental feature of modern legal systems worldwide.

Personal injury attorneys stay abreast with the ever-evolving legal landscape. For instance, as self-driving cars become more prevalent, the legal framework is continuously evolving to cater to the new generation of cars. A car accident lawyer from Burger Law understands these changes and can ensure the victim’s rights are protected.

Maximizing Your Compensation

When you’ve been injured in a car accident, one of your primary concerns is receiving fair compensation. However, the primary role of your attorney is to ensure you recover rightful damages and move forward with your life.

Some of the recoverable damages include:

• The immediate and ongoing medical expenses
• Rehabilitation costs
• Lost wages
• Reduced or lost ability to earn income in the future
• Pain and suffering
• Loss of consortium
• Funeral expenses

Your legal representative will assess the damages that should be considered when calculating compensation.

Faster Resolution

When dealing with a personal injury case, achieving a faster resolution is of utmost importance. Resolving your case faster means that you have the resources to cover your damages and can now move forward with your life.

Unfortunately, insurance companies often employ a plethora of tactics to delay the process. By delaying, they may hope that claimants become financially desperate and are more willing to accept a lower settlement offer. However, with the guidance of your attorney, negotiate aggressively with the insurance company to expedite the settlement process.

Proving Liability

When it comes to personal injury cases, establishing liability is a crucial step in seeking compensation for injuries resulting from another party’s negligence. However, you must establish that these key elements existed:

• Breach of Duty: You must establish that the responsible party failed to meet this standard of care. Your lawyer will demonstrate that the incident occurred due to negligent actions, omissions, or violations of relevant laws or regulations.

• Duty of Care: Drivers owe a duty of care to operate their vehicles safely. You must prove that the responsible party must have reasonably foreseen that their actions or negligence could cause the accident.

• Causation: To prove negligence, you must show that the breach of the duty of care was a direct and foreseeable cause of the injuries or damages suffered by the injured party. This causal link demonstrates that the responsible party’s negligence
  led to the harm experienced by the plaintiff.

Negligence is not a one-size-fits-all concept. It is applied on a case-by-case basis, considering the unique facts and circumstances of each incident. What constitutes negligence in one situation may not be the same in another. Hence, you need the knowledge of a lawyer to help you prove negligence to be able to hold the at-fault parties liable.

Establishing liability in an injury claim involves a careful assessment of various factors. Fault can be determined through different legal doctrines, such as comparative negligence or comparative fault. Understanding the specific laws and regulations governing fault determination in your jurisdiction is essential for building a strong case and pursuing just compensation.

Pros and Cons of Handling Your Claim Without a Lawyer

One of the advantages of handling your claim without a lawyer is the potential cost savings. Lawyers typically charge a percentage of the settlement or award as their fee, so by representing yourself, you can avoid these fees. Additionally, handling your claim on your own allows you to have full control over the process and decision-making.

However, there are several disadvantages to consider as well. First, the legal and insurance systems can be complicated and time-consuming. Without legal experience, you can struggle to understand the requirements of your case and the available legal options. This could potentially result in a lower settlement or even the denial of your claim.

Further, insurance companies are adept at minimizing their payouts to accident victims. They have teams of adjusters and lawyers who are experienced in negotiating settlements. Without a lawyer to advocate for you, you may be at a disadvantage when dealing with these professionals.

Finally, it’s essential to consider the potential long-term consequences of handling your claim without a lawyer. In some cases, injuries sustained in car accidents may not fully manifest until later on. If you settle your claim without considering these future costs, you may be left with inadequate compensation for your medical expenses and ongoing treatment.

Preserving and Obtaining Car Accident Evidence

To prove your claim, you must preserve and obtain evidence. This evidence is incredibly valuable in supporting your claim and ensuring that you receive fair compensation for your injuries and damages. While it may be tempting to settle a car accident claim without a lawyer, doing so can result in missing out on essential evidence that can significantly impact the outcome of your case.

Collecting evidence after a car accident is a meticulous process that requires attention to detail. It’s important to gather as much evidence as possible to establish the facts of the case and prove liability. This evidence can include photographs of the accident scene, damage to the vehicles involved and any visible injuries. You should also get the contact information of any witnesses who may have seen the accident and can provide statements about what they observed.

Preserving other forms of evidence is equally important. This can include preserving any surveillance footage from nearby establishments that may have captured the accident, documenting road and weather conditions at the time of the accident and preserving any communication records related to the accident, such as emails or text messages with the other party involved.

By retaining an attorney to assist you with your car accident claim, you can ensure that all necessary evidence is properly collected and preserved. Experienced attorneys have the knowledge and resources to conduct a thorough investigation and gather evidence that may not be immediately apparent to the average person.

Insurance Companies Take Advantage of Unrepresented Claimants

Insurance companies have one goal in mind: to minimize their financial liability. They employ experienced claims adjusters and legal teams who are well-versed in car accident and insurance law. These professionals know the tactics to use to reduce the amount they have to pay out in claims.

Without legal representation, claimants are at a significant disadvantage. Insurance adjusters are skilled negotiators who can easily take advantage of individuals who may not be familiar with the claims process and the fair value of their case. They may use tactics such as offering a quick settlement before the full extent of the injuries is known or attempting to shift blame onto the claimant.

Furthermore, insurance companies are known to use complex legal language and strategies to confuse and intimidate claimants. They may try to downplay the severity of injuries or dispute medical expenses, leaving individuals without the financial compensation they rightfully deserve.

By hiring a qualified attorney, you level the playing field against the insurance company. An attorney with experience in personal injury law can negotiate with the insurance company and ensure that you receive fair compensation for your damages. They understand the tactics used by insurance companies and can counteract them effectively.

Settling a car accident claim without the guidance of a lawyer is a risky decision. Insurance companies often take advantage of unrepresented claimants, using various tactics to minimize payouts. By seeking legal representation, you can protect your rights and ensure that you receive the compensation you deserve. Don’t let the insurance company exploit your lack of legal experience—hire an attorney who will fight for your best interests.

Contact a St. Louis, MO, Car Accident Attorney Today

Settling a car accident claim requires the knowledge of a personal injury attorney. Although the law allows individuals to handle accident claims without a lawyer, it’s not the most advisable route. The legal system is complicated, and a lack of knowledge of the landscape of personal injury law may lead to improper settlement amounts. Fortunately, you can count on Burger Law to handle your case. What’s best is that you will only have to pay attorney fees once we win the case.

If you’ve been in a car accident, it’s in your best interest to contact a St. Louis car accident lawyer from our firm to safeguard your rights and ensure your claim is handled effectively. Call us at (314) 500-4878 for advice and assistance with your car accident claim. We offer free initial case evaluation.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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