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Do I Need a Lawyer for a Car Accident Settlement?

By Whalen Montalvo | Published on February 21, 2025

Car accidents caused by negligence leave victims with more questions than answers, often bringing about life-changing consequences. A car accident lawyer can help cut through the confusion and fear. They are unafraid to take on insurance companies to secure the best possible settlement outcome on their client’s behalf.

Accepting a settlement with or without a lawyer is a critical decision. Whether to accept a settlement alone or with legal guidance requires careful thought. Let’s consider why hiring a lawyer may be the better choice for your case.

What Defines a Car Accident Settlement

A settlement is a legally binding contract.

A car accident settlement occurs when a plaintiff (usually an insurance company) and a defendant (accident victim) reach a financial agreement for the defendant’s damages. The settlement process begins before trial and, if successful, cancels the need for court.  At times, settlement occurs after a trial has begun, when the defendant stands to lose more by proceeding to verdict.

Avoiding extended court proceedings can save both sides time and money. However, at the core of each settlement are the damages a victim suffered due to another driver’s negligence, such as:

  • Medical costs: medical transport, hospital and physician fees, and other related costs
  • Ongoing medical expenses: therapies, prescription medications, and rehabilitation
  • Lost wages: time missed from work due to recovery
  • Potential future earnings: income lost if the victim is unable to return to their job
  • Pain and suffering: the emotional and psychological effects of the accident.

The settlement process is typically faster than a trial, and most civil cases settle without either side ever stepping inside a courtroom. However, it also requires careful thought for accident victims recovering from a traumatic event.

An initial settlement offer may appear to be the financial answer to your growing bills and your lost income. However, you must consider whether it is an amount you need and deserve. A South Carolina car accident lawyer understands how insurance companies operate regarding personal injury claims. A lawyer can counter tactics and unfair offers on behalf of their client, the accident victim.

Insurance Companies 101

Settlement negotiations are complex.

The insurance company representing the driver responsible for your accident has a specific goal involving settlements: to protect profits by paying accident victims as little as possible.

No matter what form of negligence caused your damages, the drunk, distracted, or otherwise dangerous driver must be held accountable for the harm they caused. An insurance adjuster may appear eager to help you and be adamant that the initial offer is fair. The reality is that most initial settlement offers are unfair. Each South Carolina car accident case is unique, and the details of your case determine the type of settlement you deserve.

Insurance companies want to secure your acceptance before you contact a lawyer. As an accident victim, you should not sign anything without contacting a lawyer as soon as possible.

There is No Going Back After Accepting a Settlement

Accepting a settlement closes your claim.

The inability to undo acceptance of a settlement is why it is a crucial decision for anyone harmed by negligence. If you suffered harm in a South Carolina car accident caused by negligence, you may want to schedule a free consultation with a lawyer today.

When an accident victim accepts a settlement offer from an insurance company, the victim agrees to drop the civil lawsuit. The personal injury claim is complete, and the terms of the agreement are binding, making it impossible to pursue a lawsuit later.

The actual costs of your medical expenses and the full impact of your lost wages depend upon the severity of your injuries and your ability to return to work, and their import may not be immediately known. Catastrophic injuries result in many car accident victims leaving careers they love, causing significant financial stress. But accepting a quick payment will very likely cause more harm than good.

Reviewing and negotiating settlement offers are just a part of what personal injury lawyers bring to the table. Their knowledge of state laws and their past work with accident victims can help you feel at ease.

Insurance companies are often aggressive and no match for an accident victim suffering from painful injuries, enduring medical procedures, and experiencing mental anguish. While the outcome of your settlement is impossible to predict, having an attorney manage the process protects your peace and affords you more time to rest and recover.

How a South Carolina Car Accident Lawyer Helps Victims

A lawyer works to protect victims from accepting less than they deserve.

Car accident settlements generally involve negotiation, in which both sides fight to protect their best interests. The process typically involves an uneven match of skills. Negotiating car accident settlements is a common occurrence for insurance companies. Insurance adjusters and other industry representatives have years of experience that puts accident victims at a clear disadvantage.

Accident victims harmed by negligence need a settlement that covers their present and future needs — an amount typically higher than insurance companies want to pay. A personal injury lawyer will stand firm against an insurer’s lowball efforts to close the case, taking it to trial if they deem it best or negotiations fail.

Whalen Montalvo Attorneys at Law

South Carolina car accident attorneys

A car accident caused by negligence is a traumatic event. Lives are turned upside down in an instant. At Whalen Montalvo Attorneys at Law, we have experience helping car accident victims navigate a civil claim or lawsuit. We treat each client with care and compassion.

No accident victim should face pressure from insurance companies to sign documents too complex to understand. The confusion and stress that follow a car accident can make victims vulnerable to accepting less than they deserve from an insurance company. Attorneys James Whalen and Eric Montalvo assist the clients they serve by managing negotiations and, when necessary, preparing for trial. Each attorney stands by and up for victims of negligence.

If your case involves criminal charges against the responsible party, the criminal case has no bearing on your claim with an insurance company. Victims of negligence may still pursue a settlement regardless of any criminal case or its outcome.

If you suffered life-changing damages due to a dangerous driver, contact us. Whalen Montalvo Attorneys at Law offers a free consultation, allowing you to learn your options for moving forward. Call (864) 770-7710 to schedule your consultation today.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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