How to Get More Money From a Car Accident Settlement Than the Adjuster Is Offering

If you’ve been in a car accident in Memphis, you’re probably feeling overwhelmed. Between doctor’s appointments, car repairs, and missed work, the last thing you need is to worry about whether you’re getting a fair settlement offer. At Pickford Law, we’ve seen countless clients face this exact situation.

That’s why we’re here to guide you through the process of maximizing your car accident settlement.

The Basics of Car Accident Settlements in Tennessee

Before we dive into strategies for increasing your settlement, let’s talk about what you’re actually entitled to under Tennessee law.

Types of Damages You Can Claim

In Tennessee, you can claim various types of damages after a car accident. These include:

1. Medical expenses (both current and future)
2. Lost wages and loss of earning capacity
3. Property damage
4. Pain and suffering
5. Emotional distress

Each of these categories can significantly impact the overall value of your claim. It’s crucial to consider all of them when negotiating your settlement.

Tennessee’s Comparative Fault System

Now, here’s something you need to know about Tennessee law: we follow a “modified comparative fault” system. This means that if you’re found to be less than 50% at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.

For example, if your total damages are $100,000, but you’re found to be 20% at fault, you’d be eligible to receive $80,000. This is why it’s so important to build a strong case that clearly demonstrates the other party’s liability.

Statute of Limitations

One more critical point is that in Tennessee, you generally have one year from the date of the accident to file a personal injury lawsuit. This might seem like a long time, but trust us, it can fly by when you’re dealing with injuries and recovery. Don’t wait until the last minute to start building your case.

Getting a Good Settlement Starts at The Accident Scene

The foundation of a strong claim starts right at the accident scene. Here’s what you need to do:

1. Get medical attention immediately, even if you feel fine. Some injuries, like whiplash, might not show symptoms right away.
2. Document everything. Take photos of the accident scene, your injuries, and any property damage. Get contact information from witnesses. These details can make or break your case down the line.
3. Report the accident accurately. Be honest, but stick to the facts. Avoid speculating or admitting fault.
4. Don’t rush into a settlement. Insurance adjusters may try to get you to settle quickly, often for far less than you deserve. Politely decline and let them know you’ll be seeking legal counsel.
5. Hire a lawyer as soon as possible. An experienced attorney can guide you through the legal process, protect your rights, and help you avoid costly mistakes.

The steps you take right after an accident can profoundly influence the outcome of your claim. We’ve seen it time and again: clients who thought they had no options, insurance companies that talked them into settlements that weren’t even close to what they deserved, people left struggling with medical bills and lost wages because they settled too quickly.

Don’t let that be you. By taking these steps right from the start, you’re setting yourself up for success.

How to Calculate the True Value of a Car Accident Claim

Now, let’s talk about how to determine what your claim is really worth. This is where many people stumble, accepting low offers because they don’t understand the full extent of their damages.

Medical Expenses: Current and Future

It’s not just about the medical bills you have now. You need to consider future medical costs related to your injury. Will you need ongoing physical therapy? Future surgeries? Long-term medication? All of these should factor into your settlement.

Lost Wages and Earning Capacity

This isn’t just about the work you’ve already missed. If your injuries will affect your ability to work in the future or advance in your career, that needs to be accounted for in your settlement.

Pain and Suffering: Quantifying the Intangible

This is where things get tricky. How do you put a dollar amount on pain? On the activities you can no longer enjoy? On the stress this accident has caused you and your family? While there’s no set formula in Tennessee for calculating pain and suffering, we have methods to help quantify these damages and make sure they’re included in your settlement.

Strategies to Increase Your Settlement Offer

Now that we’ve covered the basics, let’s talk strategy. Here are some proven tactics to help you get a better settlement offer:

1. Build a compelling case file. This includes all your medical records, photos of your injuries and the accident scene, witness statements, and any other evidence that supports your claim.
2. Use expert witnesses. Medical professionals, accident reconstruction experts, and economic loss calculators can all provide testimony that strengthens your case.
3. Demonstrate the long-term impact of your injuries. Use day-in-the-life videos or personal journals to show how the accident has affected your daily activities.
4. Master the art of negotiation. This is where having an experienced attorney can really pay off. We know the tactics insurance companies use and how to counter them effectively.

Common Pitfalls That Can Reduce Your Settlement

Be aware of these common mistakes that can hurt your chances of a fair settlement:

1. Oversharing on social media. Insurance companies will be watching your online activity. A post about a fun outing could be used to argue that your injuries aren’t as severe as you claim.
2. Giving recorded statements without legal counsel. These can be twisted and used against you later.
3. Settling too quickly. Initial offers are often low, banking on your desperation or lack of understanding about the true value of your claim.
4. Failing to follow medical advice. Skipping doctor’s appointments or ignoring treatment recommendations can be used to argue that you’re not really as injured as you claim.

How Car Accident Attorneys Help You Get The Best Settlement Possible

While it’s possible to handle a claim on your own, having an experienced car accident attorney can make a world of difference. Here’s why:

• We understand the complexities of Tennessee law and how it applies to your case.
• We know how to accurately value your claim, including future costs you might not have considered.
• We’re skilled negotiators who can effectively counter the tactics used by insurance companies.
• We’re prepared to take your case to trial if necessary, which often leads to better settlement offers.

At Pickford Law, we’re committed to fighting for the rights of car accident victims in Memphis. We understand the physical, emotional, and financial toll an accident can take, and we’re here to help you every step of the way.

Don’t let the insurance companies shortchange you. If you’ve been in a car accident and are struggling to get a fair settlement, give us a call. Let’s work together to turn your setback into a comeback. We’re ready to fight for the compensation you deserve.