Maximizing Your Settlement After A Car Accident
Recent Posts
Frequently Asked Questions (FAQ)
Can I increase my settlement after I’ve already signed a release?
No. Once you sign a release and accept a check from the insurance company, your case is closed forever. This is why you should never sign until you’ve consulted a professional.
What is the "Per Diem" method for calculation?
This calculates a daily "rate" for your pain—often based on your daily earnings—and applies it to the number of days you were in active recovery.
How does my "Comparative Fault" affect the total?
In MA, if you are 20% at fault, your "Maximized" settlement will be reduced by 20%. A lawyer’s job is to fight to keep your fault percentage as low as possible.
- Maximizing a settlement requires proving how an injury changed your daily life, not just showing medical bills.
- Using a "Pain Journal" and "Impact Logs" can significantly increase the multiplier insurance companies use.
- While you can file alone, a lawyer is often necessary to break past the insurance company’s low-ball "software-generated" offers.
- You must meet the Massachusetts tort threshold to even qualify for these damages. This is the $2,000 Rule.
- 3.5x is the average difference in settlement size for represented vs. unrepresented victims according to Insurance Research Council data.
- The minimum medical expense required under M.G.L. c. 231 § 6D to claim pain and suffering is $2,000.
- The typical multiplier range used for non-economic damages 1.5x to 5x.
Strategies to Maximize Your Non-Economic Damages
To get the highest possible settlement, you must move beyond the "Multiplier Method" and prove the specific, unique trauma of your accident. Insurance adjusters use software to devalue claims; your job is to "humanize" the data.
The Power of Detailed Documentation
A settlement is maximized when you provide evidence of "loss of function." This includes keeping a daily log of activities you can no longer perform, such as picking up your children or sleeping through the night without pain.
Utilizing Witness Statements
Statements from friends, family, and coworkers who have observed your struggle provide third-party validation of your suffering, making it harder for insurance companies to dismiss your claims as exaggerated.
How Insurance Companies Undervalue Your Claim
Insurance companies in Massachusetts often use programs like Colossus to calculate settlements. These programs are designed to minimize payouts by focusing solely on medical codes rather than human experiences.
The "No-Fault" Trap
In Massachusetts, the PIP (Personal Injury Protection) system can make victims feel like they are being taken care of, while the insurer simultaneously builds a case to deny their larger pain and suffering claim.
Attacking the "Threshold"
Insurers will often argue that your injuries were pre-existing or that your medical treatment was "unnecessary" to keep you from hitting the $2,000 threshold required to sue for pain and suffering.
Do You Really Need a Lawyer to Maximize Your Settlement?
This is the most common question victims ask. While you are legally allowed to represent yourself, there are specific "inflection points" where a lawyer becomes a financial necessity.
Negotiating the Multiplier
An experienced attorney knows which specific evidence (like surgical photos or vocational reports) pushes an insurance adjuster to move from a 1.5x multiplier to a 4x or 5x multiplier.
Handling the Legal "Red Tape"
Lawyers handle the complex task of negotiating medical liens and health insurance subrogation, ensuring that the "settlement" you see on paper actually ends up in your pocket.
When to Go It Alone vs. When to Call Jason Ranallo
Not every case requires a high-powered trial lawyer. If your injuries were very minor (bruising only) and your bills are under $1,000, a lawyer may not be able to add enough value to justify their fee.
Complex Cases Demand Counsel
If you have sustained a fracture, required surgery, or have missed more than two weeks of work, the "gap" between what an insurer offers you and what a lawyer can recover is usually vast.
The "Free Look" Advantage
At the Law Offices of Jason Ranallo, we provide a free evaluation. If we don’t believe we can significantly increase your take-home settlement after fees, we will tell you honestly.