How Can I Get The Most Money For My Personal Injury Settlement According to Allstate

How do I get the most money for my car accident injury settlement is a question you see often on the internet.  If you ask me as a Cincinnati car injury lawyer you will get one of two answers.  Settle it yourself or hire the best personal injury attorney you can find with a track record for successful results.

But you may think I’m jaded with a vested interest since I want you to hire me. If you have a serious injury I would be honored to represent you. But on the smaller cases I turn down, I tell people they may do just as well without a lawyer.


In terms of what car accident injury victims should do as to hiring a auto accident attorney lets see what the insurance industry giant Allstate says. They commisioned a company to help them save money. They focused on keeping injury victims away from lawyers. This is what the actual  Allstate document said



  Exhibit Discussions Guide (con)

Exhibit 4;  BI Soft Tissue Cases $1500-$15,000

Stress the importance of the unrepresented segment

We end up paying claimants up to three times as much as unrepresented claimants with similar injuries.

Point out the tremendous opportunity associated with reducing the need for attorney involvement


It’s no secret too many that big insurance makes profits my taking in premiums and paying out as little as possible.  So you decide , not based upon what I say but based on Allstate ‘s own documents,  if  chances are you will come out with more money in your pocket if you hire a lawyer. Sure there are no guarantees , but remember this is what Allstate has said.

Watch this video to get even more information  from me, a  Cincinnati car accident personal injury lawyer offering a free ebook download car accident settlement calculator


Anthony Castelli attorney

Anthony Castelli cincinnati car accident attorney




When Do You Address a Car Accident or Other Injury Settlement


You’ve met your client, executed your fee agreement, gathered your facts and put your file together. When is it time to consider settlement?  You get a very lawyered up answer on this: It depends on the case.  But here are some thoughts for personal injury lawyers as to when settlement should be broached.


First and foremost, check the statute of limitations.  Unless it is at least six months away, file your complaint.  Don’t wait assuming you will settle.  I could argue that you want to file even more quickly whenever practicable.  You really do want to avoid sitting up on the statute of limitations.  Literally hundreds of legal malpractice lawsuits have resulted from personal injury lawyers who have thought the case was “sure to settle” only to get hit over the head with an expiring statute of limitations or a failure to gather all of the right defendants in time.


You can always serve the defendant, send a copy to the claims representative with whom you’ve been dealing, and agree to take no further action during a fixed time period, during which it is understood that settlement negotiations will be addressed.  Also be sure early on, when opening your file, whether there are any statutory notice provisions with which you must comply pre-suit.  Claims against state and local governments typically have provisions such as these, which require specific notice to be given to designated officials.  The time limits for providing notice are usually much shorter than the statutory limitations period for the cause of action, and providing notice is generally a prerequisite to being able to file a lawsuit.  Miss one of these and the next thing you will get is a motion to dismiss, followed shortly by a bar complaint, a claim for legal malpractice, or both.


If you do not have an impending limitations problem, you may wish to approach settlement as shortly after the date of the accident as possible, usually within the first year and well before filing your complaint, if:


•             The facts situation is clear

•             You have identified the defendant

•             Damages are modest; and

•             Liability is clear, whether or not it is in your favor.


In every case where limitations is not an issue, settlement discussions should not begin until your injured client has reached maximum medical improvement.  What is maximum medical improvement?  It is the point in time when your client’s injuries are completely healed, or he has reached the maximum benefit medical treatment will provide and his injuries have become permanent.  Generally, I advise not approaching settlement discussions until the client has been at maximum medical improvement for at least ninety days.  This allays fears that follow-up treatment will be needed for any remaining residual complaints, or that the client has merely plateaued and will heal further with the passage of time.  Also, in the event of a permanent injury, you will need some time after the completion of medical treatment to secure documentation of the permanent nature of the client’s injuries.  Moreover, if those injuries will affect the client’s ability to work or to earn an amount comparable to his pre-injury wages, you will need time to secure additional documentation of those damages, such as a vocational assessment, or a report from an economist.  Make sure you don’t fail to seek recoverable damages in a premature rush to the settlement table.


One more important lesson worth keeping in mind.  I remember as a young lawyer thinking it was a sign of weakness to seek out settlement.  I defended a case once where the plaintiff’s lawyer was begging the defendant’s to settle from the very beginning.  While begging, he worked up his case right, put on a great four month trial, and got a $2 million verdict against us.   When I asked him about it, he said I want to settle every case up until the time the high court affirms my verdict.   My take home message from this is not to be afraid to seek settlement as long as you are doing all of the right things to get ready to try your case.


Ronald V. Miller, Jr. is a personal injury lawyer .  You can learn more about Ron and his law firm here.


Ronald V. Miller, Jr.

Miller & Zois

This  post is offered as a public service by Anthony Castelli Attorney focusing on Ohio injury accident law. I want to thank Ron Miller Esq. for taking time  from his busy practice to write this helpful article for attorneys as well as accident and injury victims.