Ryan Bradley | May 20, 2025 | Insurance Issues After Injury Accident
Key Takeaways:
- The steps you take immediately after your car accident, like documenting the scene and seeking medical care, can be essential for recovering fair compensation.
- Insurance companies use tactics to undervalue claims, like excluding future medical costs, lost earning capacity, and pain and suffering damages that you may be entitled to.
- Hiring an experienced personal injury attorney who can stand up to powerful insurance companies, level the playing field, and fight for what you deserve can be critical.
You’ve just been in a car accident and are in pain. Your car is wrecked, and medical bills are piling up. You’re losing wages and don’t know when and if you’ll even return to work. That’s a reality for many who are seriously injured in a car accident.
Then, the insurance company calls with a settlement offer, and you’re eager to sign on the dotted line. But first, ask yourself: Do I know what my claim is worth? If you don’t, you’re at risk of leaving money on the table and may not be able to pay for your accident-related expenses and future costs. And once you accept a settlement offer, you can’t ask for more.
In this article, you’ll learn about the critical steps in the injury claims process after a car wreck and how you can give yourself the best chance of receiving maximum compensation.
Your Best Next Steps After a Car Accident
The first minutes, hours, and days are critical when you’re involved in a car accident. What you do in that crucial timeframe can make or break your personal injury claim. Here are your next best steps:
- Call 911 and exchange details. Check if you or others are injured and call 911 for law enforcement and medical assistance. If you’re able, exchange information with all involved drivers and witnesses and take photos of vehicle damage and the accident scene.
- Get a medical check-up. Even if you feel only a little sore, see a doctor right away. Many serious injuries, like traumatic brain injury (TBI) or whiplash, don’t show symptoms immediately, but early detection and treatment can be essential. Remember, a doctor’s visit also creates an official record linking your injuries to the accident, which is essential for a personal injury claim.
- Contact a car accident lawyer. If your injuries are significant and a lot is at stake, calling an experienced car accident attorney is essential. They can help you file a claim or lawsuit and level the playing field when you’re up against a powerful insurer.
How to Know What Your Car Accident Claim Is Really Worth
If you have never been involved in a car wreck, you may not realize that your personal injury claim could cover much more than just vehicle repairs and immediate medical expenses. No two claims are the same, and there is no average claim or settlement amount. However, if you suffered significant injuries, your personal injury claim should account for:
- Current and future expected medical bills
- Lost wages and future reduced earning capacity
- Property damage (repair or replacement of your car and any other property destroyed or damaged)
- Transportation costs
- Modifications to your vehicle or home (if required)
- Household assistance with cleaning or childcare
- Medical devices like crutches or mobility aids
Non-Economic Damages
There are not just the tangible expenses. You could be entitled to compensation for the impacts of the crash on your quality of life:
- Physical pain and discomfort
- Emotional distress
- Loss of enjoyment of activities and hobbies
- Impact on personal relationships
Assessing the true worth of your claim can be tricky, and attorneys and insurers use specific formulas to calculate your pain and suffering damages. A personal injury attorney can assess all impacts of an injury on your life, health, relationships, and career, making sure you’re not getting shortchanged.
Filing a Claim: Documentation and Deadlines
First, notify your insurance company about your accident right away. Then, you’ll need to file a claim with the at-fault driver’s insurer by completing their claim forms and submitting proof of your injuries and expenses.
Once you’ve reached a stable point in your recovery, your attorney can send a demand letter, an important document spelling out your injuries and expenses and how much compensation you’re requesting.
And don’t forget about the statute of limitations if you need to file a lawsuit. While the Missouri statute of limitations gives you five years to file a lawsuit, waiting too long can be risky. Evidence may disappear, and witnesses may move away or forget vital details. If you’re ready to file an insurance claim or lawsuit, an attorney can clarify your rights and ensure the paperwork is completed correctly and filed on time.
Watch Out for Tricks Insurers Use to Deny or Minimize Your Settlement
Insurance companies often undervalue claims and are not on your side when it comes to getting an adequate car wreck settlement. Here’s what to watch out for:
The Quick Settlement Mistake
Accepting that fast settlement offer, as tempting as it seems, can be an expensive mistake that leaves you with insufficient funds to pay for future medical bills and wage losses. Don’t accept an early settlement without having an attorney calculate the worth of your claim to make sure you’re not getting shortchanged.
Watch What You Say
Don’t engage in casual conversation with the at-fault insurance adjusters. Remember that anything you say could be used against you. Even seemingly innocent statements like “I feel fine” could be misinterpreted as your injuries being less serious than you claim.
Claims Delay Tactics
Sometimes, insurance companies drag out the claim process in the hope you might accept a lowball offer and go away. They know that the longer the claims process takes, the more desperate victims are to pay their mounting bills. Delays can also lead to you missing the statute of limitations for suing the insurer, so make sure to keep an eye on the ticking clock.
Minimizing Non-Economic Damages
While medical bills are tangible and come with receipts, pain and suffering damages are subjective. Watch out for insurance companies trying to dismiss or severely undervalue these legitimate components of your claim.
Fighting Back for What You Deserve
When you’re filing an insurance claim or personal injury lawsuit, it’s crucial to protect your best interests. Here’s what to do:
- Document Everything. Keep meticulous records of your medical treatment and expenses, time missed from work, and communication with insurance companies. Note your daily pain levels and limitations, and make sure you keep all receipts of expenses connected to the accident, even if they seem trivial, like the pain medication you picked up from the drugstore.
- Don’t Settle Too Early. Waiting to settle until you’ve reached “maximum medical improvement” is critical for your claim. It ensures you and your doctors understand the full impact of your injuries and the treatments or care you may require in the future.
- Hire a Personal Injury Lawyer. If you suffer severe injuries, hiring a lawyer can be essential for your future financial stability. A personal injury attorney can calculate your damages properly, negotiate aggressively with insurance companies, and fight your case at trial if necessary to recover maximum compensation.
Bradley Law Wants You to Win
A successful personal injury claim isn’t just about filling out forms and hoping for the best. It’s about making sure the insurance company isn’t getting the upper hand and depriving you of the compensation you need and deserve.
We know how exhausting and stressful the time after a car crash can be, but you don’t have to struggle on your own. Bradley Law has helped car accident victims for decades and recovered multi-million-dollar settlements and verdicts that have helped clients rebuild their lives after suffering serious injuries. We know how to take on powerful insurers. And you only pay attorney’s fees if you win.
Don’t wait, as the time to file a personal injury claim is limited. Get started today and contact us for a free case review to clarify your options.