Claimants who hire an attorney generally recover far more than those who negotiate alone. The Insurance Research Council found attorney-represented claimants’ bodily injury payouts averaged almost 3.5 times higher, and a 2023 Lawyers.com study found represented claimants kept roughly three times more even after the contingency fee.
How Legal Representation Changes Car Accident Settlement Amounts
Anyone researching car wreck cases in OKC eventually asks the same question: does hiring a lawyer actually change what an insurance company pays? Several independent studies, spanning more than two decades, say yes, consistently.
According to the Insurance Research Council, accident claimants with legal representation receive settlements nearly 3.5 times higher than those without. First published in 1999 and reaffirmed in later years, the finding has held up. Having an attorney also tends to produce more favorable case outcomes and settlement results, since an experienced lawyer knows how to navigate the claims process and protect a claimant’s rights throughout. The IRC also found that 85 percent of all insurance payouts for bodily injury claims went to claimants who had an attorney, meaning legal representation improves not just the size of a settlement but the odds of being paid at all.
Other Studies Comparing Settlements With and Without an Attorney
- American Bar Association: plaintiffs with lawyers in medical malpractice cases received, on average, 6.4 times more compensation (American Bar Association).
- University of Michigan: workers’ compensation claimants with legal support secured substantially higher settlements (University of Michigan study).
- Texas Bar Association: injury plaintiffs with attorneys received 2.4 times more compensation on average (Texas Bar Association).
- California study: medical malpractice plaintiffs with lawyers received 5.4 times more on average (PubMed).
- National Center for State Courts: legal representation in small claims court led to higher winning odds and larger awards (NCSC).
Lawyers.com Study Results
An internal study by Lawyers.com supports the IRC’s findings. It found that 91% of participants who had a lawyer received a payout, compared with only 51% of those who did not. Even after accounting for what a claimant still owes in attorney fees, claimants with legal representation still walked away with roughly three times more compensation than those without one. Lawyers.com’s 2023 update put the average compensation at $52,900, with most personal injury settlements and verdicts falling between $3,000 and $75,000.
What Determines Your Car Accident Settlement Amount
Several factors shape the value of a car accident settlement, including the severity of the injuries, the extent of the property damage, and whether the claimant shares any fault for the crash. A claimant’s ability to negotiate effectively with the insurance company also plays a real role, along with medical expenses, lost wages, and any long-term effect on quality of life. Reviewing the top factors that influence a car accident settlement can help claimants set realistic expectations before they start negotiating.
Severity of Injuries and Property Damage
More severe injuries, such as traumatic brain or spinal cord damage, typically produce higher settlements because of the greater medical costs and long-term care needs involved. The factors that go into calculating a settlement also include vehicle damage, liability, available insurance limits, and Oklahoma’s own personal injury laws.
Comparative Fault Under Oklahoma Law
If a claimant shares some fault for the crash, Oklahoma’s comparative negligence statute, 23 O.S. § 13, still allows recovery as long as the claimant’s own negligence does not exceed the other driver’s. In practice, insurers and courts typically reduce a settlement by the claimant’s own share of fault, so a claimant found 25 percent at fault would generally see the settlement reduced by roughly that share.
Negotiation Skill
Insurance adjusters routinely open with a low offer, hoping an unrepresented claimant will accept it before understanding what the claim is really worth. An experienced attorney can counteract these tactics, negotiating on the claimant’s behalf and pushing back on a lowball number.
What an Attorney Does in Your Car Accident Case
A personal injury attorney handles work most claimants have never done before: investigating the crash, identifying every liable party, gathering evidence, reviewing all applicable insurance policies, calculating the full extent of the damages a settlement demand should cover, filing the claim or lawsuit, negotiating with the adjuster, and representing the claimant in court if the case does not settle.
That work translates into a handful of concrete advantages over handling a claim alone:
- Legal knowledge: an attorney reviews the facts, analyzes the evidence, and builds the legal arguments needed to justify full compensation.
- A navigable process: deadlines, filing requirements, and procedural rules are easy to miss without legal training; an attorney keeps a claim on track.
- Access to resources: many firms have a network of medical experts and investigators available to strengthen a case, often advancing costs like filing and expert-witness fees.
- Full-picture evaluation: an attorney can lay out the tradeoffs between settling now, continuing to negotiate, or going to trial.
- Protecting long-term finances: an experienced attorney accounts for future losses, such as reduced earning capacity or ongoing medical care, not just immediate bills.
When to Talk to an Attorney
It is generally worth consulting an attorney as soon as possible after a crash, while evidence is still fresh and witnesses still remember the details. Acting early also helps make sure no filing deadline is missed and that a claimant’s rights stay protected from the first conversation with an adjuster.
Frequently Asked Questions
Does hiring a lawyer always result in a bigger settlement?
Not automatically, but the research above shows it is the norm rather than the exception. Facts still matter: the severity of the injury, the available insurance coverage, and who is at fault all still shape the outcome. What legal representation changes is how effectively those facts get presented and negotiated.
What if the insurance company’s first offer feels too low?
A first offer is rarely a final one. Knowing whether a settlement offer is fair for the injuries and losses involved is usually the first step before deciding whether to negotiate further or file suit.
Will my settlement cover my medical bills?
It depends on how the claim is valued and negotiated. Understanding how medical bills get paid out of a car accident settlement is part of evaluating whether a proposed number is actually enough.
What if the other driver has no insurance?
A claim does not end just because the at-fault driver is uninsured. There may be other ways to resolve a car accident claim without going through an insurance company, depending on the coverage available.
The figures above are averages, not a quote for any specific claim. If you were hurt in a crash and want to know what your case is actually worth, the attorneys at Hasbrook & Hasbrook can review the details and lay out your options at no cost. Call 405-605-2426 or start a free consultation about your crash.
