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Understanding the Tactics Used by Car Accident Lawyers


  • The tactics used by car accident lawyers are effective methods for recovering fair compensation from insurance companies.
  • Victims of car accidents suffer physically and financially; sometimes, it is necessary to file complicated personal injury lawsuits to receive fair compensation for these damages.
  • Car accident attorneys can help you defend your rights and ensure a good outcome for your case.
  • Your attorney will first attempt to negotiate with the at-fault party and their insurance provider. Then, they will move on to negotiation if they don’t cooperate.

Car accidents lead to significant physical, emotional, and financial hardships for those involved. A car accident lawyer needs effective strategies to defend your interests and make sure you receive fair compensation.

At Werner, Hoffman, Greig & Garcia, we have helped many victims of car accidents seek justice and recover the compensation they deserve. You can contact us online or call us at (800) 320-4357.

Negotiation Tactics Used by Car Accident Lawyers to Help Your Case

Car accident attorneys like to be familiar with the ins and outs of a case so that they can offer the most effective representation possible.

Initial Case Assessment

Every client’s needs are different. Before diving into negotiations, car accident lawyers must first assess the case.

Car accident lawyers will gather evidence like police reports, witness statements, pictures of the accident scene, and medical records. With this information, we can evaluate who has liability and what your damages are. From there, we will determine the strength of the case and the potential compensation for the client.

Demand Letters

A part of every car accident lawyer’s negotiation strategy, a well-crafted demand letter outlines what happened in the accident. The demand letter includes why the other party was at fault and what a fair settlement would be. Demand letters often provide a description of your injuries, their treatment, and their effect on your quality of life, along with income loss estimates and other damages.

An experienced car accident attorney knows how to estimate the damages you’ve suffered and support that claim with strong evidence. A good demand letter starts negotiations off with the ball in your court.

Settlement Agreements

The goal of negotiation in a car accident claim is to reach a settlement agreement that fairly addresses the needs of the victim. Car accident lawyers review and negotiate settlement offers on behalf of their clients, ensuring you receive fair compensation for all of your damages.

Car accident lawyers also make sure that settlement agreements adhere to all of the legal requirements they need to be properly enforceable.

Transitioning to Litigation

When negotiations fail, and a fair settlement cannot be reached, car accident lawyers turn to litigation instead. A lawsuit can be a complicated and stressful process, but sometimes it’s the only way for car accident victims to receive the compensation they deserve.

Filing the Complaint

The first step of a personal injury lawsuit is filing the complaint. This document outlines how your rights have been violated and demands compensation. This puts the lawsuit into motion and the insurance company must respond.


In the discovery process, your car accident lawyer has the opportunity to demand evidence from the insurance company’s lawyers, and they can do the same. This allows everyone to get on the same page with the evidence that’s being discussed.


Over the course of filing a car accident lawsuit, there are multiple opportunities for both parties to settle out of court with the help of an impartial mediator. In mediation, a good car accident lawyer will make sure that your rights are defended and that any agreement reached takes care of your needs.

Trial Preparation and Representation

Most cases are settled out of court long before a trial can occur. Trials can be long, messy, and expensive. However, if necessary, your car accident lawyer is prepared to represent your interests in court.

When preparing for a trial, car accident lawyers are careful throughout the juror selection process to select jurors who are impartial and likely to empathize with your case. Once the trial begins, your attorney will present evidence, witnesses, and expert testimony to support your claims.

Tactics Used by Car Accident Lawyers for Talking to Insurance Companies

Insurance companies are all about the bottom line, and their number one goal at all times is to pay you as little as they can. Any communication with an insurance company can be used against you and should be carefully considered first.

Understanding Insurance Company Tactics

Insurance companies try anything they can to avoid taking full responsibility for your damages. A car accident attorney must be ready to fight back. Some of these tactics include:

  • Delaying: Insurance companies will put you on hold for hours, demand minor paperwork corrections, and generally try to slow things down until you give up.
  • Disputing liability and damages: Insurance companies will dispute the facts of the case, like who is at fault, what caused the car accident, and the extent of the damages, in an attempt to minimize payouts.
  • Lowball offers: Insurance companies offer quick settlements below what the claim is worth, counting on frustrated car accident victims wanting to move on quickly.

Effective Communication Strategies

When dealing with an insurance company, a car accident attorney knows how to communicate effectively. Insurance companies will try to sweep your case under the rug if they can, so lawyers will stay persistent, following up frequently and making it clear that legal action will be happening if they don’t cooperate.

You Can Trust the Tactics Used by Car Accident Lawyers at Werner, Hoffman, Greig & Garcia

After a car accident, it can feel overwhelming to deal with your injuries, emotional trauma, and financial burdens. The legal system is complicated and frustrating, and if you’re dealing with an uncooperative insurance company, receiving compensation for your damages can seem very far away.

In the aftermath of a serious auto accident, one of the best steps you can take is to get in touch with a respected personal injury lawyer to represent your case. The team of car accident lawyers at Werner, Hoffman, Greig & Garcia is ready to advocate for the compensation you need.

We understand how stressful the process can be, and we have the skill set and years of experience that can help. To get started, give us a call at (800) 320-4357 or contact us online.

Frequently Asked Questions

How long do I have to file a complaint after a car accident?

In Florida, the statute of limitations for filing a personal injury lawsuit is two years from accident date. However, there are exceptions to this rule. Don’t automatically assume you are ineligible without first speaking to a local personal injury lawyer.

Can I still recover compensation if I’m partially at fault for the car accident?

Yes, Florida follows a comparative negligence system. You can still recover compensation for your injuries even if you were partially at fault for the accident. However, your compensation may be reduced based on your percentage of fault. The tactics used by car accident lawyers can help ensure that you aren’t left responsible for more than your fair share.

What damages can I be compensated for after a car accident?

Car accident victims can recover compensation for a variety of damages after a car accident, both economic and non-economic. These can include:

  • Medical bills
  • Lost wages
  • Reduced earning potential
  • Vehicle repair
  • Pain and suffering
  • Emotional distress
  • And more

Talk to a car accident lawyer for more information about how to document your damages and what other types of damages may be relevant to your personal injury claim.

No Win, No Fee Commitment

Werner, Hoffman, Greig & Garcia is committed to helping you rebuild your life after a hardship. We are not just your legal team—we are your allies, your partners, and your advocates. We will do everything we can to handle your case with compassion and care, and to get you the results you need!

“And for every fight we take on, know this…we are doing everything we can to make sure we win!”

— Werner, Hoffman, Greig & Garcia

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About the Author

Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog

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