Should I Hire a Car Accident Lawyer? | Studinski Law, LLC
November 12, 2021

How Can a Lawyer Help the Car Accident Settlement Process?

An experienced car accident lawyer can help you in a number of ways after a serious accident caused by another driver. If someone else’s negligence caused your injuries, you may be able to seek compensation to cover medical costs, lost income, and other accident-related expenses.

Unfortunately, many accident victims settle with insurance companies for far less than the full value of their claims because they don’t have a knowledgeable attorney advocating for their rights and best interests. The insurance company of an at-fault driver is unlikely to offer the full value of a claim unless it sees that you are serious about pursuing it; even if that means going to court.

At Studinski Law, LLC, our Wisconsin car accident lawyers are passionate about helping our clients pursue the maximum compensation they deserve after a wreck. We know the tactics used by insurance companies to devalue or deny legitimate claims, and we won’t back down from a fight.

What Is the Car Accident Settlement Process in Wisconsin?

After sustaining a serious injury in a car wreck, you deserve compensation to cover your medical bills, lost wages, and more. An attorney can guide you through the complex settlement process and help you recover your physical, emotional, and financial losses. A lawyer can help the car accident settlement process in a number of ways, including:

1. File a Claim With the At-Fault Driver’s Insurance Policy

Following your wreck, your attorney can help you file a claim with the at-fault driver’s insurance policy. This should be done very soon after the accident, so it is important to contact a lawyer as quickly as possible. It is also advisable to file a claim with your own insurance company for potential benefits such as underinsured motorist coverage, medical payments benefits, and more.

2. Protect Your Rights During the Insurer’s Investigation

The other driver’s insurance company will conduct its own investigation once you have made a formal claim. This may involve reviewing your medical records, taking your statement, consulting with their experts, and looking over the police report. It’s important to have an attorney working for you before you make any statement to or speak with the insurance company.  Remember that insurers are driven by profits, not by paying out damages; they often use tactics to devalue or deny valid claims. An attorney can ensure the insurance company does not overstep its bounds and violate your rights. You may be asked to sign a medical records authorization, allowing the insurer to review your full medical history. A lawyer will help protect you against these threats to your case and guide you through the process.

3. Investigate the Facts In Your Case 

It is not in your best interests to rely on the determination of the insurance company’s investigation. Instead, your attorney will conduct a thorough independent investigation on your behalf to determine the cause of your crash and subsequent injuries. This usually includes obtaining a copy of the police report, talking with witnesses, reviewing video footage and photographs, hiring expert witnesses, and more.

4. Guide You Through Claim Coverage Approval or Denial

The at-fault driver’s insurance company will either approve or deny coverage for your claim following its investigation. Even if the insurance company agrees that the conduct of the at-fault driver is covered by the policy, it does not mean that you will be compensated fairly for your losses. If your claim is denied, you should receive a written explanation for the denial. In both outcomes, it is in your best interest to have an attorney by your side to assess the insurance company’s decision and continue to fight for your rights and fair compensation.

5. Review the Settlement Offer

If the insurance company approves your claim, it will send you an initial offer to settle. First offers are typically insufficient and you are not under any obligation to accept a lowball settlement. Based on your injuries and other losses, you have the right to deny the offer and ask for a higher amount.

6. Negotiate a Fair Settlement

Your settlement from the insurance company should reflect the full extent of your past, present and future economic and non-economic damages. Insurance companies and their seasoned legal teams are highly experienced with settlement negotiations and their primary goal is to make the arrangement as favorable as possible for the insurance company. In addition to minimizing your true losses, they may attempt to intimidate you into accepting less than you deserve. A car accident attorney knows the tactics used by insurance companies and will not be intimidated from pursuing a fair settlement.

7. Advise You Through the Mediation Process

If a fair settlement cannot be reached, mediation may be requested by either you or the insurance company. During the mediation process, an objective third party (the mediator) will meet with you, your attorney, and the insurance company’s representatives. The mediator is only there to keep the discussion on track. A mediator cannot force the insurance company to make a fair settlement offer, nor can he or she force you to accept a low settlement.

8. Finalize the Settlement if a Fair Agreement Can Be Reached

If a reasonable agreement can be reached that fairly compensates your losses, you can finalize the settlement. If you choose to accept a settlement offer, you will likely have to sign a release of liability document. This will waive your right to bring the insurer or the at-fault driver to court for more money. Additionally, any personal injury lawsuit that may have already been filed for this claim will need to be dismissed.

9. File a Lawsuit if a Fair Settlement Cannot Be Reached

If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit. Your lawyer will help to ensure your lawsuit is filed correctly and on time with the appropriate jurisdiction. Your attorney will then meticulously gather evidence and prepare your case for presentation before a judge or jury.

Contact a Wisconsin Car Accident Lawyer

The experienced car accident lawyers at Studinski Law, LLC has extensive experience with a range of motor vehicle accident cases. We have built a reputation for excellence in the field of personal injury law and we are committed to holding negligent drivers accountable for their actions.

See our results.

If you were hurt in a Wisconsin car accident, call Studinski Law, LLC today at (715) 343-2850 for a free consultation. We proudly serve clients in Plover, Marshfield, and other nearby communities.

Jason Studinski Injury Attorney
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