Should I Talk To The Driver’s Insurance Company Directly Or Hire An Attorney?

Dealing with the aftermath of an accident can be overwhelming, especially when it comes to communicating with the other driver’s insurance company. You might wonder whether it’s better to handle this conversation yourself or seek the guidance of an experienced attorney. Let’s break down this critical decision, keeping things clear and straightforward.

The Insurance Company’s Call

Following an accident, you’ll likely receive a call from the other driver’s insurance company. They’ll want your version of events, potentially offering a quick settlement. Here’s what you should know:

• Insurance Adjusters: Their job is to settle claims quickly and economically. While they may seem friendly, their primary allegiance is to their employer, not ensuring you get the compensation you deserve.
• Quick Settlement Offers: Initial offers might only partially cover your medical bills or the true extent of your damages. Accepting such offers without fully understanding the long-term impacts can leave you with out-of-pocket expenses.

The Case for Hiring an Attorney

Before you pick up the phone to the insurance company, consider why having an attorney might be in your best interest:

• Expert Guidance: Attorneys navigate insurance negotiations daily. They understand the tactics used by insurance companies to minimize payouts.
• No Upfront Costs: Most personal injury lawyers work on a contingency fee basis. This means they only get paid if you win your case, aligning their success with yours.
• Stress Reduction: Letting an experienced attorney handle the negotiations lets you focus on recovery, knowing your case is in capable hands.

Comparative Fault in Personal Injury Cases

Comparative fault plays a crucial role in understanding personal injury law. Often referred to as comparative negligence, this legal principle is pivotal in determining how compensation is allocated among those involved in an accident. It’s designed to assess and assign the degree of fault to each party, directly impacting the outcome of personal injury claims.

The Basics of Comparative Fault

Comparative fault is about fairness. It recognizes that multiple parties can share responsibility for an accident. This approach adjusts the plaintiff’s compensation based on their share of fault. For example, if it’s determined that you were 30% at fault in an incident that led to your injuries, your total compensation will be reduced by that same 30%.

How Comparative Fault Works in Florida and Georgia

Both Florida and Georgia employ the comparative fault system in personal injury cases. This method allows for a nuanced view of each case, ensuring that compensation reflects each party’s actual level of responsibility. It’s a critical aspect to understand, as it can significantly affect the financial outcome of your claim. A key point to note is the threshold of 50% fault. In these states, if you are found to be 50% or more at fault for the accident, the law bars you from recovering any compensation. This rule underscores the importance of thoroughly documenting your case and, where possible, clearly demonstrating the other party’s negligence.

Statute of Limitations

Both states have a statute of limitations for filing personal injury claims. Recently, this period has been shortened to two years. An attorney can ensure that all necessary steps are taken within this time frame, thereby protecting your right to file a claim.

The Leach Firm, P.A., Your Advocates in Difficult Times

Choosing between speaking to the insurance company directly or hiring an attorney is a significant decision. At The Leach Firm, P.A., we understand the complexities of personal injury law in Florida and Georgia. Our approach is to keep it honest with our clients, offering transparency and dedicated advocacy at every step.

If you’re navigating the aftermath of an accident and facing the dilemma of dealing with insurance companies, let us help. Call The Leach Firm, P.A. at 844-722-7567 or online for a free case evaluation. With over 100 years of combined experience, our team is ready to fight for the compensation you deserve, allowing you to focus on what truly matters – your recovery.