Should I Talk to the Insurance Company Without an Attorney After a Catastrophic Injury?

Catastrophic injuries are defined as any bodily injury or harm that causes a person severe impairment or long-term disability. Given the cost of medical treatment, combined with your inability to work, you may consider representing yourself during insurance negotiations. While you may think this will save you money, claimants who hire representatives typically receive 3.5 times more than those who choose to represent themselves.

If you are considering forgoing representation on your accident claim, keep reading to learn how hiring our Charleston car accident attorneys can help you achieve maximum compensation for your injuries.

The Art of Settlement Negotiations

Attempting to reach a fair settlement with the insurance company is almost like watching a tennis match. There may be several weeks or months of both sides going back and forth, with the claimant accepting or rejecting a claims adjuster’s initial offer and proposing a counter offer to reach an agreement. In retaining representation, you hire a professional who knows what to say or do to advocate effectively.

Alternatively, if you choose to represent yourself, you may be eager to take the insurance company’s first offer in fear of losing out on compensation entirely. Even worse, you will likely not know the extent of damage applicable in your situation and will settle for too little.

Compensatory Damages in Catastrophic Injury Claims

Also referred to as actual damages, compensatory damages require the plaintiff to prove that it is more likely than not valid from the evidence presented that the defendant’s conduct directly caused your injuries. This is the preponderance of the evidence standard, which is the burden of proof that applies in most personal injury cases.

Compensatory damages come in two forms:

Economic Damages

A car accident can result in losses that impact your finances, known as economic damages. Economic damages are pecuniary losses that can be justified through receipts, bills, pay stubs, and other documentation. These damages are objective, and by seeking them, the plaintiff can recoup accident-related losses to return to their prior financial position.

Common economic damages in an auto accident claim for catastrophic injuries may include:

• Lost wages
• Loss of future earnings
• Surgeries and treatments
• Rehabilitative therapies
• Home modifications
• Household services
• Prescription costs
• Future medical expenses

Noneconomic Damages

In contrast, intangible losses directly related to your accident that impact your quality of life are known as noneconomic damage. Although noneconomic damage does not directly impact your pocketbook, they do reflect the turmoil the incident has had on your emotional health and relationship with the people you cherish the most.

Common noneconomic damage in an auto accident involving catastrophic injuries may include:

• Pain and suffering
• Infliction of emotional distress
• Mental anguish
• Loss of companionship and society
• Impairment
• Loss of consortium
• Injury to reputation
• Disfigurement and/or scarring

A Charleston car accident attorney will know what damage you are entitled to recover and in what amounts. Determining your future lost earnings or medical expenses can be challenging, but an attorney can advise you on an appropriate settlement figure with the appropriate information. Our personal injury attorneys are experienced in calculating damages and conducting strategic negotiations to ensure you recover the most compensation possible.

Contact Our Charleston Car Accident Attorneys Today

If you have been involved in a motor vehicle accident that caused you disfigurement, permanent disability, or long-term physical impairment, do not hesitate to contact our firm. With a proven track record spanning over four decades, our Charleston car accident lawyers know how to communicate with insurance to obtain the settlement you deserve effectively. If you are ready to learn the true worth of your catastrophic injury case, now is the time to act. To schedule your free consultation, contact Mark C. Tanenbaum, P.A. online or by phone today.