Atlanta's car accident attorney, Nathan Fitzpatrick, is a leading Atlanta personal injury lawyer. Specializing in motor vehicle accidents and car crashes, he's a trusted auto accident lawyer among Atlanta car accident lawyers.

How To Settle A Car Accident Claim Without A Lawyer

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Alpharetta car accident lawyer

Have you found yourself contending with the aftermath of a car accident? If so, you might wonder whether you need to hire a car accident lawyer to help you with your predicament. This decision can become of vital importance if you don’t have a lot of money. After all, you deserve to be able to settle your car accident claim for a fair amount, even if you can’t afford legal representation. 

Fortunately, car accident attorney Nathan Fitzpatrick is here to help. He’s been fighting for car accident victims since 2009, so he has an expert opinion on what will and won’t work. Regardless of whether you decide to work with his firm or go it alone, Nathan is a great source of information. And he’s going to share it with you right now! Learn everything from the basics to what to do if you have a complex case.   

Understanding the Basics of Car Accident Claims

There are plenty of supporting documents you’ll need to gather for a car accident claim. Because of this, it may seem almost impossible to get through the process on your own. For instance, if you were injured, you’ll need to gather all your related paperwork together, including each bill. Failure to keep and present all the paperwork could result in your receiving a smaller settlement than expected.  

The Role of an Attorney in the Car Accident Claims Process

Choosing to work with an experienced personal injury lawyer can make the settlement process much easier for you. In fact, here are just five of the many different reasons you should carefully consider hiring a car accident lawyer: 

As you can see, there is a virtually countless list of things an attorney can accomplish for you. For instance, when you’ve been injured, the last thing you need to do is worry about your legal case. Instead, allow an attorney to settle your car accident claim. 

When to Consider Settling Without a Lawyer

Now that we’ve discussed some of the pros of using a lawyer let’s take a look at some of the situations where you might be better off on your own. 

  • You weren't injured or only received a minor injury. 
  • You don’t need a big settlement. 

Of course, there are still reasons you may prefer to work with a lawyer. For starters, an attorney will usually get you more money than you get on your own–and that’s even with all their legal fees. Plus, they’ll simplify the process for you by taking over the case. 

When all is said and done, a simple case where you’re not seeking much money can be handled by yourself. Just make sure you don’t end up leaving a lot of potential settlement money on the table. 

Steps to Initiate Your Car Accident Settlement

Before you can take any action, you’ll need to begin by filing a personal injury claim. This step comes after you’ve notified the police and your insurance company, of course. Here are the basic steps to initiating a car accident settlement: 

  • File your personal injury claim. 
  • Investigate the accident. 
  • Have a mediation meeting if you and your insurer can’t agree on a settlement. 
  • File a lawsuit, if necessary. 

Gathering Evidence Post-Auto Accident

What do we mean by investigating the accident, also known as gathering evidence after the incident? Well, you’re going to shoulder the burden of proof, especially if it’s necessary to file a lawsuit. Therefore, you must gather as much post-accident evidence as possible. 

  • Keep track of every related expense.
  • Take photographs of your injuries and the accident scene. 
  • Go to your doctor for every injury–even if it seems minor. 
  • Write down contact information from every witness. 
  • Get a copy of your police report. 

Gathering Evidence Post-Auto Accident

Everything you can gather will help you prove your claim, but it’s important to focus equally on everything listed above. That’s because your insurer’s attorney, and the attorney of the other party, will try to pick apart your claims. Keep your claim unimpeachable by giving them as much evidence as possible. 

As an example, having witnesses is helpful, but if that’s all you’ve got, you might have issues when it’s time to settle. You see, eyewitnesses are notoriously unreliable. In fact, they get it wrong more than half the time! Therefore, you’ll need other evidence to back up your claim. If you provide a variety of evidence, it’ll be much harder for your claim to be denied. 

Documenting Injury and Suffering Claims

When it comes to documenting your injury and suffering claims, it’s definitely a good idea to give the court so much evidence that they simply can’t deny it. Suffering is a subjective word that can mean something different to every single person who hears it. Therefore, you’ll need to gather all the following forms of evidence: 

  • Medical reports.
  • Medical bills and receipts. 
  • Photos that show the accident scene and your injuries. 
  • Proof of lost wages. 
  • Lists and receipts to verify your prescriptions. 
  • Your pain log. 
  • Log showing every treatment you’ve received (physical and psychological).
  • Written evaluations from every mental health professional you’ve worked with. 
  • List of activities, hobbies, etc., that you’ve been forced to miss. 

Again, the idea is to provide so much evidence that it becomes undeniable. It would be a serious mistake if you were to appear in court with only one or two types of evidence.

Navigating the Compensation Negotiation Process

There will most likely be multiple meetings to hash out the compensation process. Remember: their first offer isn’t likely to be the best one you’ll receive, so don’t be afraid to push back a little. If you choose to work with an attorney, they’ll certainly push back on any low-ball offers. 

Strategies for Effective Communication with Insurance Companies

Doing each of the following is likely to get you better results: 

  • Be Prepared – Write down any questions before you talk to them. 
  • Be Concise and Clear – State what you’re looking for. Don’t use vague language. 
  • Take Notes – Taking good notes can help you later on. Be sure to write down the date, time, and representative you talked to. 
  • Be Considerate – Don’t go into a meeting with a chip on your shoulder. Instead, go in firmly but kindly. Thank them when they do something for you. 
  • Be Patient – This one is critically important. Whether you’ve called them, gone to their office, or shown up at a meeting, the odds are high that you’ll have to wait for a bit. 
  • Always Follow Through – If your insurer asks you to provide them with something, follow through on it right away. This will help you get a settlement more quickly. 

It’s easy to be upset with your insurer, but don’t show it–at least not right away! Taking a cordial tone will work better. Just be sure you don’t let them get away with anything. It is quite possible to be firm but kind.

Assessing the Fair Value of Your Injury Claim

How much are you going to ask for? Well, there are a few different ways to assign a value to your injury claim. One such way is to add up all your medical bills and then multiply the amount by four. This strategy can work well if you still have bills pending but won’t be injured for the rest of your life. 

Another way is to consider the following: 

  • The extent and nature of your injuries. 
  • The cost and type of needed medical treatment. 
  • Diminished or lost quality of life. 
  • Wages you’ve lost/are expecting to lose due to your injuries. 
personal injury cases can be settled by the accident victims with the the insurance company

Legal Considerations in a Car Accident Case

Because you live in Georgia, it’s important to consider any economic and non-economic damages. You’ll need to do this before you file your car accident case. 

Understanding Your Rights in an Accident Case

You have the right to file a car accident claim, but this right only extends for two years. Be sure to file your case on time, or you’ll miss out. You may also have the right to ask for some or all of the following:

When to Consult a Car Accident Lawyer for Advice

You can always consult a car accident attorney, but the most important time to do so is if you’ve been injured and/or the insurance company is treating you unfairly. Anytime you feel you may be over your head is another time that it's a good idea to talk to a lawyer. Consultations are often free, so take advantage of this opportunity to seek expert guidance and protect your rights.

Dealing with Complex Car Accident Claims

If your case is more complex than most, please don’t attempt to settle it on your own. That’s what experienced personal injury lawyers are for.

Handling Severe Injury and Suffering Claims

Again, don’t try to take on the insurance company and/or responsible driver by yourself if you’ve suffered any severe injuries. You will likely need an advocate to make sure you are compensated for current medical expenses. along with future medical expenses. Instead, hire a personal injury attorney who is versed in handling Georgia car accident cases. An experienced attorney can also take care of your claim while you heal. 

The Impact of Multiple Parties Involved in a Car Crash

Unlike some states that operate under a no-fault insurance system, Georgia follows a comparative negligence approach when it comes to determining liability in car accident cases. This system can make it more challenging to establish who is truly at fault in an accident.

In Georgia's comparative negligence system, the court considers the degree of fault assigned to each party involved in the accident. This is typically expressed as a percentage. For example, if two drivers are involved in a collision, the court may find that Driver A was 70% at fault while Driver B was 30% at fault.

It's important to note that, in car accidents, the rear driver is often considered at fault. However, there are exceptions to this rule. For instance, in a rear-end collision, if the front driver was breaking the law when the accident occurred, their actions could affect the determination of fault. Regardless of the circumstances, insurance companies will need to make a determination of fault. If they find that one person is 100% at fault, the process becomes much simpler.

However, when insurance companies determine that both parties share some degree of fault, the situation becomes more complex. Essentially, if you were found to be, for example, 40% at fault in the accident and you file a lawsuit worth $100,000, you'll be eligible for no more than $60,000 due to your assigned percentage of fault.

Also importantly, if any driver is found to be 50% or more at fault, they can’t recover anything. 

For these and other critical reasons, it is crucial to consult with a Georgia car accident attorney. In Georgia, the at-fault driver in a motor vehicle accident is legally and financially responsible for the damage to property and injuries they cause due to their negligence or wrongful act.

Your rights need to be preserved, and seeking full and fair compensation from the at-fault party can often be a challenging and complex process. A professional attorney knows how to review the details of your case and determine fault in an accident. Additionally, they can guide you through the intricacies of Georgia's comparative negligence system and help you navigate the legal aspects of your case.

Settling Your Car Accident Claim: Final Steps and Precautions

Don’t agree to anything until you’re satisfied that the settlement offer is fair and will cover your medical bills.

Reviewing Settlement Offers Thoroughly

It would be easy to simply accept a settlement offer. However, you must review your offer very thoroughly to ensure you get what you deserve. This is one area where working with an attorney is definitely to your advantage. Since they’re not personally involved in your life, they can make a more objective decision.

Avoiding Common Pitfalls in Car Accident Settlements

Ways you can harm yourself during the settlement process include: 

  • Delaying necessary medical attention. 
  • Failure to preserve evidence. 
  • Failure to obtain legal representation during a complex case. 

Each of the things listed above could cost you a lot of money and even your health. Remember, car accident injuries incurred during such incidents can have long-lasting consequences, so taking the right steps and seeking professional legal counsel is vital to protect your well-being and a fair settlement offer.

DIY Legal Resources for Settling a Car Accident Claim

Even if you decide to settle a claim by yourself, you can still reach out to the Georgia Trial Lawyers Association and the State Bar of Georgia if you have basic legal questions. You can also get a complimentary consultation from The Fitzpatrick Firm. 

Online Tools and Templates for Self-Representation

Learning from Others’ Experiences in Similar Cases

Talk to someone who has already self-filed a car accident claim. They’ll be able to tell you about the pros and cons of doing so, along with whatever hurdles stood in their way.

Financial Aspects of Settling Without an Attorney

Filing your case without an attorney can save you a lot of money, but it can also cost you a lot, too. Consider the following carefully before you proceed.

Calculating Costs Saved by Avoiding Legal Fees

Calculating the exact cost you saved by avoiding legal fees isn’t easy. However, you can assume they’ll take between 33.3% and 40% of your settlement. So, if you win $10,000, a lawyer would have taken between $3,333 and $4,000. 

Budgeting for Potential Out-of-Pocket Expenses

You never know what will come up, so it’s wise to set aside some money for out-of-pocket expenses. These can include making copies of everything, the filing fee, etc. For example, it will cost you $402 to file a civil case in Georgia, and there are tons of miscellaneous fees, too.

Emotional and Psychological Aspects of Self-Representation

If you decide to represent yourself, you will be held to the same standards as an attorney, including learning every applicable law and court process. Learning and applying all of this can be challenging for most people.

Coping with Stress During the Settlement Process

Even if you hire a lawyer, it’s still vital to take care of yourself. Filing a lawsuit can be extremely stressful. Try the following to cope with stress: 

  • Practice mindfulness 
  • Stay informed
  • Seek support 
  • Stay organized
  • Take breaks 
  • Consider therapy

Take the Stress Out of a Car Accident Claim with a Complementary Consultation with the Fitzpatrick Firm

Rather than allowing yourself to become stressed out, why not at least consult with an attorney? The Fitzpatrick Firm can help! Contact us online or call us at  (678) 607-5550 to ask for your free case evaluation today.

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