How to Get the Most Money From a Car Accident

Car accidents can be financially and emotionally devastating, but maximizing your compensation requires a strategic and well-executed approach. Insurance companies are not on your side, and they will use every tactic available to minimize your payout. By taking the right steps from the moment of the accident through settlement negotiations or trial, you can significantly increase the amount you recover. Here’s how.

Seek Immediate and Thorough Medical Attention

The value of your claim is directly tied to the severity of your injuries and the cost of your medical treatment. Timely medical attention not only protects your health but also strengthens your claim. Delayed medical care can give the insurance company an excuse to argue that your injuries were not serious or were unrelated to the accident.

Always follow up with specialists, undergo diagnostic tests like MRIs or CT scans if needed, and adhere to your doctor’s treatment plan. Documentation of medical visits, prescribed medications, and therapy sessions can serve as strong evidence when negotiating compensation.

Preserve and Strengthen Evidence from the Scene

Strong evidence can mean the difference between a lowball offer and maximum compensation. Immediately after the accident, take high-quality photos and videos of vehicle damage, skid marks, road conditions, weather conditions, and any visible injuries.

If there were eyewitnesses, collect their contact information and statements. Request a copy of the police report, which will contain key details about liability and any citations issued. If applicable, obtain surveillance footage from nearby businesses or traffic cameras, as this can provide irrefutable proof of fault.

Avoid Insurance Company Traps

Insurance adjusters are trained to minimize payouts. They may pressure you into making recorded statements or ask leading questions to get you to downplay your injuries. Never provide a recorded statement without legal representation, and do not accept the first settlement offer.

Initial offers are almost always far below what you are entitled to. Moreover, be cautious about what you post on social media—insurance companies will scrutinize your online activity for any information that could be used to dispute or undermine your claim.

Document Your Pain, Suffering, and Losses

Many car accident victims underestimate the full extent of their damages. Compensation is not limited to medical expenses; you may also be entitled to lost wages, reduced earning capacity, pain and suffering, emotional distress, and diminished quality of life.

Keep records of missed workdays, pay stubs, and medical bills. Maintain a journal documenting your pain levels, emotional struggles, and how the accident has affected your daily activities and relationships. This personal account can be powerful evidence in negotiations or court.

Choose a Car Accident Lawyer with Trial Experience, Demonstrated Record of Settlements and Verdicts, and a Formidable Courtroom Reputation

According to the US Department of Justice, as many as 96% of injury claims settle out of court. This statistic might lead some to believe that hiring a lawyer with trial experience is unnecessary. Based on this, in reality, attorneys with a prove trial reputation and a strong record of large settlements and verdicts are the best choice for maximizing compensation.

Importance of Trial Experience in Car Accident Claims

Trial Readiness for All Scenarios

A lawyer with trial experience is always prepared to take a case to court if negotiations fail. While they will work diligently to secure a favorable settlement, they also build a strong foundation for trial from the outset. This dual preparedness ensures that insurance companies and defendants understand that the threat of litigation is real, which often encourages them to settle more fairly.

Negotiation Leverage

Insurance companies assess risk when determining settlement offers. When they know that the injured victim’s attorney is a skilled trial lawyer, they recognize the increased risk of a large jury verdict. This puts pressure on insurers to offer fairer settlements to avoid litigation. Lawyers without trial experience lack this leverage, which can lead to lower settlement offers.

Thorough Case Preparation

Trial attorneys understand that a strong case is built on diligent preparation. They gather extensive evidence, consult with expert witnesses, and construct compelling legal arguments. This rigorous approach can lead to stronger settlement negotiations and, if necessary, a more persuasive case in court. Knowing that an attorney is prepared for trial can make defendants more inclined to settle rather than risk a jury verdict.

In-Depth Legal Knowledge

A personal injury lawyer with trial experience has extensive knowledge of courtroom procedures, rules of evidence, and persuasive litigation techniques. They know how to present a case effectively, cross-examine witnesses, and argue legal points before a judge and jury. This expertise is invaluable in securing the maximum possible compensation for clients.

Confidence and Credibility

A lawyer’s confidence in the courtroom can significantly impact the outcome of a trial. Attorneys with trial experience remain composed under pressure, anticipate the opposition’s tactics, and adapt to unexpected developments. Their credibility in front of juries and judges enhances their ability to secure favorable verdicts and settlements.

Do Insurance Companies Take Lawyers with Trial Experience More Seriously?

Courtroom Reputation

Insurance companies track the performance of personal injury lawyers. They know which attorneys take cases to trial and which prefer to settle quickly. Lawyers with a reputation for winning at trial pose a greater threat, making insurers more likely to offer fair settlements to avoid a courtroom battle.

Pressure to Settle Fairly

Trial-experienced lawyers create leverage in settlement negotiations. Insurers often prefer to settle rather than risk a public trial, which can lead to substantial payouts and reputational damage. The possibility of a jury award significantly increases the pressure on insurance companies to offer just compensation.

Risk Management

Insurance companies recognize that juries can award substantial damages, especially in cases involving severe injuries or gross negligence. A lawyer with trial experience increases the likelihood of a high jury verdict, motivating insurers to settle fairly rather than risk excessive payouts.

The cost of litigation is another concern for insurance companies. Trials require extensive legal fees, expert witness costs, and court expenses. A trial-ready attorney increases the financial risk for insurers, pushing them toward more generous settlement offers.

Maximize Your Compensation with Our Award-Winning Texas Car Accident Attorneys

At Trust Guss Injury Lawyers, our founding attorney Stewart J. Guss and his team are relentless advocates for the voiceless, committed to fighting for justice for injury victims across Texas and nationwide. With over 30 years of experience in car accident litigation, Stewart’s aggressive representation and financial recoveries for his clients have earned him national recognition.

He's an active member of the Texas Trial Lawyers Association and other prestigious legal organizations. The National Trial Lawyers has named him one of the top 100 trial lawyers in the nation. When you need a proven legal team that fights for maximum compensation, you should reach out to our car accident attorneys. To schedule your free consultation, call us 24/7 at 888-298-4070 or contact us online.