Don’t Wait to Hire an Attorney After You Are Hurt in an Accident

Insurance companies love it when you don’t hire an attorney immediately after an accident.  There are a number of reasons why. 

First and foremost, people represented by a lawyer end up with settlements that are two-to-three times larger than those who do not retain attorneys on average. Insurance companies are fully aware of that fact. 

Also, even if a claimant initially holds off but later hires an attorney, the insurance company wins.  The delay plays right into the company’s hands.  The more time that goes by between an accident and hiring an attorney, the better the insurance company feels about its chances. 

Hiring an attorney preserves evidence in your case

The more time that goes by without hiring an attorney means the more time that passes before your lawyer can investigate the case.  That gives evidence time to get lost, and gives witnesses time to forget, move, or pass away. 

Additionally, many companies have document retention policies that allow them to discard certain documents after set periods of time.  For trucking companies, the Federal Motor Carrier Safety Regulations require that the company retain certain records but only for a period of six months.[i] 

So, while you may have two years to file a lawsuit, after six months, the records needed to support your claim may have been destroyed or discarded.  Getting an attorney involved early ensures the preservation of this evidence.

If a court order is not entered requiring evidence to be preserved, at the very least, your lawyer will write a letter to the company requesting that all records be preserved, retained, and produced. 

Injury lawyers help preserve the statute of limitations for filing your lawsuit

There are also strict time limitations for filing a lawsuit in court, and the insurance companies are well aware of them.  On many occasions, adjusters will string things out with an endless stream of requests, hoping the statute of limitations will pass. 

Once that happens, it does not matter if settlement negotiations have taken place or the adjuster has made an offer.  If the statute of limitations date goes by without filing suit, the offer is gone and the claim is forever barred.  

Finally, the insurance company knows that the longer the claim goes on, the more likely that a claimant will agree to settle for less than the claim is worth.  It’s time to put it past you.  Move on.  Get closure. 

Many insurance companies expend a great deal of time, money, and effort in training their adjusters in strategies to prevent claimants from hiring attorneys, and in rewarding their claims handlers who are skilled at doing so.  

All of these mechanisms were designed to make the claimant’s case more difficult, and work to the insurer’s every advantage.  They are all tricks to get injured victims to settle for short money. 

SLG attorney, Patrick Cummings wrote about why it is particularly important to get an attorney involved right away if you are involved in a trucking accident. You can read his article here.

Injured? Contact us today. We can help.

If you have suffered injuries due to the negligence of another individual or company, contact us today to speak with one of our attorneys. Our consultations come at no cost to you. Call us at (312) 578-9501 or fill out the form at the bottom of the page to get started.

[i] 49 C.F.R. §382.401