Want a Higher Settlement After a Car Accident? Start With These 5 Steps
Brian O Sutter
Accident Lawyers
Personal Injury
As a personal injury attorney based right here in Port Charlotte, I’ve spent years walking with my clients through some of the most difficult times in their lives. I’ve worked cases involving crashes on Kings Highway, Tamiami Trail, Midway Boulevard, and just about every major road in Charlotte County. If there’s one truth I’ve learned, it’s this: your ability to recover — financially and physically — depends on what you do in the days and weeks following your accident.This article shares what I’ve seen firsthand — how crash victims can maximize their injury claims with the right actions, evidence, and representation. If you’ve been hurt in a wreck, these strategies can make all the difference.
Step One for Getting the Best Settlement Outcome: Act Fast in the First 48 Hours
Immediately after a crash, the most important thing you can do is seek medical attention — even if your injuries seem minor. Not only does this help you recover faster, but under Florida Statutes §627.736, you only have 14 days to seek treatment to access your Personal Injury Protection (PIP) benefits. Waiting too long could cost you thousands.
A client of mine once waited nearly a week to see a doctor after a low-speed collision near Harborview Road. By the time she came to us, her insurance company had already argued that her injuries weren’t caused by the crash. We helped her fight that, but had she seen a doctor right away, it would’ve been a far stronger case.
Also critical: take photos of the scene, your vehicle, and any visible injuries. Get a copy of the crash report from the Charlotte County Sheriff’s Office or Florida Highway Patrol. If you’re unsure where to begin, we help clients collect this paperwork every day.
Step Two for a Bigger Settlement: Understand Insurance Tactics That Could Cost You Money
Florida’s insurance laws can be confusing — and that’s no accident. Most drivers are required to carry PIP, which only covers 80% of medical bills and 60% of lost wages, capped at $10,000. That doesn’t go far if you’re out of work or need surgery.
Worse, under Florida’s modified comparative negligence rule (Florida Statutes §768.81), you can be barred from recovering anything if you're found more than 50% at fault. This is exactly where insurers apply pressure, hoping to shift blame just enough to reduce or deny your claim.
I’ve handled cases where an adjuster tried pinning 55% of the fault on a client who was rear-ended — just because the weather was foggy. We challenged their interpretation, brought in accident reconstruction experts, and turned a denied claim into a six-figure settlement.
Step Three for Building a Stronger Claim: Gather the Right Evidence and Use Local Knowledge to Maximize Your Results
The truth is, not all evidence is created equal. In Port Charlotte, we know which intersections have traffic cams, which roads are prone to glare, and which areas often lack proper signage or lighting. That kind of local insight helps us gather:
• Footage from cameras at US-41 and Midway Boulevard
• Witness statements from nearby drivers or pedestrians
• Road condition records specific to high-crash areas like Kings Highway
• Emergency response reports from Bayfront Health or Fawcett Memorial Hospital
One client was hit at the tight curve where Midway turns into Harborview. Because we’d worked similar cases before, we already knew how vehicles tend to overcorrect there — and we used that pattern to strengthen her claim.
Another time, we investigated a crash near Tamiami Trail where the lighting had failed at a key intersection. That detail — missed by others — made a measurable difference in the settlement we achieved.
Step Four for Increasing Compensation: Documenting the Full Extent of Your Damages Helps Your Attorney Maximize What You Recover
Maximizing your claim isn’t just about showing that you were hurt. It’s about showing how those injuries have affected your life, now and into the future. That includes:
• Medical bills and ongoing treatment needs
• Lost wages and reduced earning potential
• Pain and suffering
• Emotional trauma, like anxiety while driving
• Out-of-pocket expenses, such as transportation to appointments
I had a client who worked at a local auto shop. After a crash, he couldn’t stand for long hours anymore. We brought in a vocational expert to show how his injury limited his career options — and it significantly increased his compensation.
Step Five for Protecting Your Rights: Don’t Settle Too Soon — Rushing Can Cost You Thousands in Lost Compensation
Many people don’t realize how long injuries can take to reveal themselves. Herniated discs, torn ligaments — these often take weeks to show up fully. Insurance adjusters know this, which is why they’re quick to offer settlements.
But once you accept, you give up your right to pursue more money, even if new symptoms arise. That’s why we advise clients to wait until they’ve reached maximum medical improvement (MMI) before considering settlement — and we coordinate with doctors to know when that point is reached.
In one memorable case, a client accepted a $7,500 offer before coming to us. After further evaluation, it turned out he needed back surgery. Unfortunately, that early settlement prevented us from getting him more. We want to help people avoid that mistake.
When to Call an Attorney — and What to Expect
If you’re unsure whether you even need a lawyer, ask yourself this: Is the insurance company helping me or protecting their bottom line? In most cases, it’s the latter.
When you work with our team at All Injuries Law Firm, we step in to:
• Handle all communication with insurers
• Preserve and collect key evidence
• Consult medical and accident experts
• Fight for fair compensation — even if that means going to court
As someone who’s grown up here and now fights for my neighbors, I know how overwhelming this process can feel. But you don’t have to go through it alone.
"At the end of the day, our goal is simple: make sure people walk away with what they need to rebuild their lives — not just cover their bills." — Corbin Sutter
If you’ve been injured in a crash, call us today at (941) 625-4878 for a free consultation. We’ll review your case and give you honest guidance about your next steps. And if we take your case, you don’t pay unless we recover for you.