I'm sorry to learn about your family's unfortunate auto accident, including the injuries to "your wife's wrist, neck, shoulder, and back as well as hips." Typically, one of the first important questions my auto accident victims ask me is "how much is my claim worth?" First, you should understand that there are two different elements to your claim: (1) property damage, and (2) compensation for personal injuries, including medical expenses, lost wages, if any, and pain and suffering. The property damage element is straightforward and is something I advise my clients typically to handle on their own, especially if their dealing with their own insurance company. I always advise them to take their care to a reputable mechanic, preferably the dealer, and obtain a comprehensive estimate to present to the insurance company. If the estimate is similar to the one provided by the insurance adjuster, you know you are receiving fair value. Hiring an attorney for this simple negotiation is not prudent - If an attorney can't add value to your bottom line, you don't need one. The second element of your claim, the claim for personal injuries, is more complicated. Although clients can represent their own interests, they typically come out much better off when they retain an experienced personal injury attorney. This is because unlike your straightforward claim for property damage, your personal injury claim is usually presented to a third party (the at fault driver's) insurance company. Their job is to make money by paying you the least amount possible, regardless of the value of your claim. They are also very experienced and good at what they do so it's important to have quality representation on your side. I've handled many auto accidents presenting similar circumstances with the same property and medical damages. However, despite their similarities, many times the cases produced very different results. This is because valuation is extremely fact sensitive, and depends on the specific facts of each case. This requires thorough document review, including of the police report, vehicle damage estimates, and medical records for your wife and children. For example, your wife's claim for personal injuries will likely receive a higher insurance valuation if the police report describes vehicle damage as "moderate" or "major" (versus "Minor"). Also, an attorney should meet and speak with you and your wife to insure all her (and your children's) injuries are addressed, and she receives the proper medical care. An experienced attorney can provide a reasonably accurate evaluation only after reviewing all the specific facts of your case. You are smart to post your question early in the process as any mistake can result in a lower recovery.
Answered on May 02nd, 2013 at 2:30 PM