Investigation Before Promises: Why Car Accident Attorneys Must Dig Deeper

Why Promising Millions Before an Investigation Is a Red Flag

Recently, our office received a call that stopped us in our tracks. The caller had been in a serious car accident and, like many people do, she reached out to a well-known “TV attorney” for help. During the first conversation with the assigned attorney—before any investigation, before reviewing records, before gathering facts—she was promised a massive settlement. And if necessary, the attorney would try the case and seize assets and garnish wages. Unfortunately within three months the attorney was pushing for a modest to low percent settlement.

The initial mention of an aggressive settlement may sound reassuring in the moment. But from a legal standpoint, it’s a serious red flag. Thankfully she spoke to a friend who was an attorney and he told her to beware and make a few more phone calls and gave her our contact information.

Settlements Are Outcomes—Not Starting Points

No ethical, experienced car accident attorney can responsibly promise a dollar amount before doing the work. Settlements are the result of investigation, preparation, and proof—not something that should be predicted during a consultation. An experienced car accident attorney understands that insurance coverage, liability, and conduct all matters before evaluating settlement.

When an attorney talks numbers immediately, it often means:

• No facts have been gathered
• No insurance coverage has been confirmed
• No liability analysis has been done
• The lawyer is looking to get a retainer agreement signed and will worry about these hugely important details later.

What a Car Accident Attorney Should Do Before Discussing Settlement

A proper injury case begins with investigation. Here are the critical steps that must happen before any attorney talks about value.

1. Identifying Who Is Legally Responsible: An early and essential question:

• Is this an individual driver?
• A company car or truck?
• Is the driver an employee acting within their An early and essential question: job?
• Is there a large corporation or contractor involved?
• Is there someone other than the at fault driver who was in the car or truck?

Each possibility dramatically changes the scope of insurance, responsibility, and potential recovery. This information is best gathered via sworn statements, affidavits or depositions because if a person who is at fault (potential defendant) lies its considered fraud and would be subject to reversal when revealed.

• Sworn Statements & Discovery

Attorneys should obtain sworn statements, affidavits, and sworn discovery responses from those being sued to uncover:

• What is the full name and background on the driver?
• Who owned the car or truck if not the driver?
• Was the driver acting in his capacity as an employee?
• Was the car or truck a company vehicle?
• How much insurance coverage is there of the private kind?
• Are there other levels of insurance like umbrella or excess?

Sworn testimony locks in facts and prevents stories from credibly changing later.

• Investigating All Insurance Coverage

Before any settlement discussion, an attorney must identify:

• Auto insurance policies and limits for the driver and any owner
• Homeowner’s insurance (which can sometimes apply)
• Excess or umbrella policies for the driver and any owner
• Potential assets

Without confirming coverage, there is no factual basis for talking about “millions.”

4. Was There Egregious Negligence?

Case value could depend heavily on conduct because certain bad acts are not dischargeable in bankruptcy.  A proper investigation looks at:

• Alcohol or drug involvement
• Texting or distracted driving
• Reckless or intentional behavior

These details require police reports, witness interviews, toxicology results, and phone record analysis—not guesswork.

5. Background Checks Matter

On individuals:

• Prior driving offenses
• License status
• History of similar conduct
• Criminal history

On businesses or organizations:

• Safety records
• Prior violations
• Hiring and supervision practices
• Prior lawsuits

These facts can uncover patterns of negligence and additional defendants—often increasing accountability and protection for the injured person.

Why Rushing to Settle Can Hurt You

Talking settlement too early can:

• Undervalue long-term injuries
• Ignore future medical care
• Miss additional responsible parties or significant insurance coverage

Once a case settles, it’s over. Even if new evidence later comes to light, you cannot reopen it. Except if there is fraud. However, if there is no sworn proof or statements you can’t prove fraud.

You Are Not Stuck With the Wrong Attorney

Many people don’t realize this: You can fire your attorney at any time.

Warning signs:

• No investigation has been done
• Communication is poor
• Promises were made without facts
• After a retainer agreement is signed, the lawyer changes his or her position or acts inconsistent with the initial discussion

A new attorney can step in, continue the case, and ensure the work is done properly—before it’s too late. This switch is at no cost to you. It will not cost you anything or jeopardize your case or possible settlement. Your old and new attorney will work out how to share the fee based on the work done by each attorney.

What Clients Should Expect from a Responsible Injury Attorney

• Honest answers—even when the truth is uncertain or difficult to hear
• Investigation before valuation
• Education, transparency, and preparation
• No specific guarantees—only diligence and accountability

Final Thought: Trust the Process, Not the Promise

Big promises may feel comforting after an accident. But real advocacy doesn’t start with numbers—it starts with facts. The most important question in the beginning isn’t: “How much is my case worth?” It’s: “Is my attorney experienced enough and willing to do the work to find out?”

Choosing the right car accident attorney means choosing investigation, preparation, and honesty—not rushed promises. If you are interested in a second opinion regarding your car accident case or other personal injury matter, contact us. The consultation is free. 248-531-8665

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