If you were hurt in a car crash or accident that was not your fault, you need to act quickly. Time is of the essence when it comes to gathering evidence and building a strong case. The longer you wait to contact a personal injury lawyer, the more time the insurance company has to build their defense against you. In this blog post, I will outline exactly why time matters so much and what you can expect when you finally make that call.
What You Will Learn
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Why Immediate Action is Crucial
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The Insurance Company's Early Moves
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Common Mistakes to Avoid
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The First Meeting with a Lawyer
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The Statute of Limitations
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Call for Action
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Key Takeaway
Why Immediate Action is Crucial
The sooner you contact Escondido injury lawyers, the better. But what does that really mean in terms of your case?
The Insurance Company's Early Moves
Insurance companies have one goal and that is to pay out as little as possible. They are not your friend, they are your adversary and they act fast. Here's how they work against you from the moment an accident occurs:
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Within hours of your accident, they will reach out to you with a "quick settlement" offer. Don't fall for it. This is a purely tactical move to get you to accept a low settlement amount before you have time to even evaluate your case. The average initial offer is $11,000. But with proper negotiation, the same accident claim could settle for $42,500 or more. Insurance companies want to get you to accept that first offer and move on as quickly as possible.
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Adjusters work quickly to build their defense against you by collecting evidence and interviewing witnesses. They are gathering information that will help them pay out as little as possible.
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The longer you wait to contact a lawyer, the more information the insurance company has in their files against you. Time is not your friend when it comes to dealing with insurance companies.
Common Mistakes to Avoid
So we know the insurance company is working against us from the start. What about us? What common mistakes do people make that can hurt their case if they wait too long to get help?
Failure to Preserve Evidence. As time goes by, crucial evidence can disappear. This includes surveillance footage that is often automatically deleted after 30-90 days, witness statements while memories are fresh, photos of damage and the accident scene, medical records, and police reports. Once this evidence is gone, it is gone forever and no amount of money will bring it back.
Underestimating Medical Bills. The full extent of medical injuries may not be known right after an accident, particularly with soft tissue injuries like whiplash. Delayed injuries can occur days or even weeks later. As time passes and medical bills accrue, the insurance company will have more ammunition to fight your claim.
Loss of Income Documentation. The insurance company will want to know how much money you lost due to missed work. The longer you wait, the harder it can be to prove those lost wages. Keep detailed records of time missed from work and any reduction in earning capacity.
Missing the Statute of Limitations. Each state has deadlines for filing personal injury claims, typically 2-3 years but as short as one year in some states. Waiting too long and you will have no legal recourse to pursue compensation. Time is literally the law.
Accepting a Low Settlement. Lowball settlement offers are common and insurers know most people do not know their claim is worth more. But the longer you wait to speak with a lawyer, the more pressure you may feel to just "take the money and run." The insurance company is betting you will not act fast enough to get the full value of your claim. Don't give in to that pressure.
The First Meeting with a Lawyer
Hopefully, by now you see the wisdom of getting help from a lawyer as soon as possible. But what actually happens when you first meet with a personal injury attorney? Will it cost me money? Be stressful? Confusing?
Here's what you can expect:
Free Consultation. Most personal injury lawyers offer free initial consultations. They want to hear your story and evaluate whether you have a case. You are under no obligation to hire them after this meeting.
Review of Facts and Documentation. During this first meeting, your lawyer will want to review any evidence you have, such as police reports, medical records, and photos of the accident scene and vehicle damage. If you have been talking to insurance companies or signing any documents, have those available as well.
Attorney fees and Representation Agreement. If you decide to hire the lawyer, they will walk you through their fees and sign a Representation Agreement. Most work on contingency, which means you only pay if they win your case. When they do win, they collect a percentage of the award. A contingency fee is typically around 1/3 of the total award.
Case Evaluation. The attorney will give you their professional opinion of how strong your case is, what challenges there may be, and what options you have for pursuing compensation. People with personal injury lawyers end up with payouts nearly three times higher than those without representation.
Strategy. If you do hire the attorney, they will immediately begin working on your case by gathering additional evidence, consulting with experts, and developing a legal strategy tailored to your situation.
Time is precious when you are hurt and need legal assistance. Do not waste it.
The Statute of Limitations
Of all the reasons to act quickly when you need a personal injury lawyer, the statute of limitations is the most important. This is the time limit your state law gives you to file a legal claim for damages after an accident occurs.
The length of time varies by state but is typically 2-3 years. In some states it can be as short as 1 year.
If you miss the deadline to file your lawsuit, you have lost your legal right to pursue compensation. No exceptions.
You do not want to find yourself in this situation. After all the time, effort, and money you have put into building a case, to have the judge throw it out for missing a filing deadline is incredibly frustrating.
It is also 100% preventable by acting quickly.
Call for Action
Injuries happen. Life throws us curveballs. But when you find yourself facing a personal injury case, do not delay in getting the legal help you need. The insurance company is not your friend and they will work quickly to pay you as little as possible.
Evidence will disappear, memories will fade, and witnesses may become harder to track down. Time is also the enemy of the insurance adjuster who is building their defense against your claim.
About 91% of people with experienced personal injury attorneys receive settlements, compared to only 51% of those who go it alone. Consult with an experienced personal injury lawyer as soon as possible to protect your rights and improve your chances of a favorable outcome. Most consultations are free and most lawyers work on contingency so do not let financial concerns hold you back from seeking justice.
Your case is worth fighting for, so fight it with all the time, money, and expertise you can. Act fast and improve your odds.
Key Takeaway
The insurance company is not your friend. They will move quickly to get you to accept a low settlement offer before you have had a chance to even evaluate your case. Time is also the enemy of the injured party as evidence disappears and the adjuster builds their defense against you. The best thing you can do for your case is to consult with a skilled personal injury lawyer as soon as possible. Most consultations are free and most lawyers work on contingency so do not hesitate to seek legal help. Your case is worth fighting for so fight it with all the time, money, and expertise you can.
