If you suffered an injury in an accident and the other driver has Allstate insurance, you may wonder what to expect when filing a claim.
Dealing with a big insurance company like Allstate on your own can feel intimidating and stressful, especially when you’re trying to focus on healing from your injuries. That’s where an experienced Cape Girardeau personal injury lawyer comes in.
Here, we will walk you through how our attorneys handle an Allstate injury claim from start to finish to get you the compensation you deserve.
Step 1: Free Consultation
First, start with a free consultation with one of our knowledgeable injury lawyers.
During this meeting, we’ll listen to your story, ask questions to understand the details of your accident and injuries, and determine if you have a case. We’ll explain your legal rights and options in clear terms.
If we believe we can help, and you decide to hire us, we’ll get started on your Allstate claim immediately. There are no upfront costs – we operate on a contingency basis. We only get compensated if we recover money for you.
Step 2: Investigating Your Accident
Our legal team will thoroughly investigate your accident to build a strong injury claim.
We’ll gather:
- Police reports
- Photos of the accident scene and vehicle damage
- Witness statements
- Video footage, if available
- Your medical records and bills related to the accident
We may also consult expert witnesses, such as accident reconstruction specialists, to show how the crash occurred and who was at fault. The more evidence we have to prove the other driver’s negligence caused your injuries, the better.
Allstate will look for any reason to deny your claim or pin the blame on you, so we need to build an airtight case.
Step 3: Filing Your Claim
Once we gather solid evidence to support your case, we’ll file a claim with Allstate to demand fair compensation for your injuries. This initial claim lays the foundation for all future negotiations and potential legal action.
When we file your claim, we’ll provide a detailed account of the accident, including:How the Accident Happened
We’ll describe the circumstances leading up to the accident, the exact location, time, and date, and any relevant details about the road conditions, weather, and traffic at the time of the incident.
How the Other Driver Caused It
Using the evidence gathered during our investigation, we’ll clearly explain how the other driver’s negligence caused the accident. This may include citations from the police report, witness statements, and professional analyses.
Your Injuries and Medical Treatment
We’ll provide a comprehensive list of all the injuries you sustained in the accident, a detailed description of the medical treatment you received, and any future treatment you may require. This includes hospital visits, surgeries, medication, physical therapy, and other medical expenses related to your injuries.
Your Total Damages
In addition to your medical expenses, we’ll outline all the damages you’ve incurred due to the accident. This includes lost income from missing work due to your injuries; future lost earning capacity if your injuries prevent you from returning to your previous job, and non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
To back your claim, we’ll include:
- Medical records and bills from all healthcare providers involved in your treatment
- Income loss documentation from your employer
- Professional opinions from medical professionals, vocational specialists, and life care planners
- Photos of your injuries and the accident scene
- Witness affidavits
By providing extensive evidence and documentation, we’ll demonstrate the severity of your injuries and the impact the accident had on your life. This will help us build a strong case for why you deserve significant compensation.
Filing a claim with Allstate isn’t just a formality. It’s a powerful statement that puts the insurance company on notice. It shows that you retained a skilled personal injury attorney who is serious about advocating for your rights and fighting for the compensation you deserve.
Allstate will know they can’t get away with lowball settlement offers or deny your claim without facing legal consequences.
Once we file your claim, Allstate will investigate the accident. They may request additional information or documentation from you or your medical providers.
Hire an experienced attorney to guide you through this process to protect your rights and prevent Allstate from using tactics to undermine your claim.
At this stage, we aim to present the strongest possible case to Allstate and set the stage for productive settlement negotiations. By filing a comprehensive claim backed by solid evidence, we’ll demonstrate that we’re prepared to fight for your rights in court if Allstate doesn’t offer a fair settlement.
Remember, if you’ve been injured in an accident with an Allstate-insured driver, you don’t have to go through the claims process alone.
Our skilled personal injury attorneys are here to guide you every step of the way and work tirelessly to secure the compensation you need to move forward with your life. Contact us today for your free consultation, and let us put our experience and resources to work for you.
Step 4: Negotiating With Allstate
After we file your claim, Allstate will begin investigating the accident. As part of this process, they may contact you directly and request a recorded statement or access to your medical records.
While Allstate may seem friendly and cooperative, its primary goal is to minimize the amount they have to pay out on your claim.
We typically advise our clients against giving a recorded statement to Allstate without an attorney present. Insurance adjusters ask questions in a way that may lead you to say something that can undermine your claim or assign blame to you for the accident.
They can twist and use even an innocent statement like “I’m sorry” against you.
Instead, we’ll handle all communications and negotiations with Allstate on your behalf. This allows you to focus on your recovery while we deal with the legal complexities of your case.
Our experienced attorneys know how to effectively communicate with insurance companies to protect your rights and advocate for your best interests.
Once Allstate has completed its investigation, it’ll likely make an initial settlement offer. This first offer is almost always a lowball offer that doesn’t fully account for your damages.
Like most insurance companies, Allstate will start with a low offer in hopes that you’ll accept it quickly without understanding the true value of your claim.
Allstate’s tactics won’t intimidate our skilled personal injury lawyers. We’ll carefully review their offer and compare it to our valuation of your case, which considers your economic and non-economic damages. We’ll push back against an inadequate offer and demand fair compensation for your injuries.
We’ll present additional evidence and arguments to counter any disputes Allstate may raise about liability or the extent of your damages.
This may include:
- Emphasizing the severity of your injuries and the impact they’ve had on your life
- Highlighting the negligence of the at-fault driver and their clear liability for the accident
- Providing additional medical records, professional opinions, and other documentation to support your claim
- Pointing out any inconsistencies or weaknesses in Allstate’s arguments
Negotiations with Allstate can involve multiple rounds of offers and counteroffers, particularly in cases involving severe injuries or complex liability issues.
We aim to get you the maximum compensation possible throughout the negotiation process without needing a lengthy and expensive court battle. We’ll inform you of any developments and guide you on whether to accept a settlement offer or continue negotiations.
Negotiations alone cannot resolve all cases. If Allstate refuses to make a fair settlement offer, we may need to file a lawsuit and take your case to court. Our attorneys have extensive litigation experience and are always ready to fight for your rights before a judge and jury if necessary.
Remember, you don’t have to face Allstate alone. Our compassionate legal team can guide you through every step of the process and fight for the compensation you deserve.
We have the knowledge, skills, and resources to stand up to big insurance companies like Allstate and advocate for your best interests. If you suffered an injury in an accident with an Allstate-insured driver, contact us today for your free consultation, and let us put our experience to work for you.
Step 5: Filing a Lawsuit When Necessary
If negotiations with Allstate stall and we cannot achieve a fair settlement, we may need to file a personal injury lawsuit to pursue the compensation you deserve.
It’s important to understand that just because we file a lawsuit doesn’t necessarily mean our case will go to trial. Many cases settle before the trial stage, often during the litigation process. Filing a lawsuit shows Allstate that you’re serious about fighting for what you deserve and won’t accept an unfair settlement offer.
During litigation, we’ll continue building your case and strengthening your claim. The discovery process achieves this, involving several key steps:
Taking Depositions
Under oath, we’ll interview relevant parties, such as the at-fault driver, witnesses, and expert witnesses. This meticulous process allows us to gather more detailed information about the accident, your injuries, and the circumstances surrounding your case.
Requesting Documents from Allstate
We’ll ask Allstate to provide all relevant documents related to your claim, such as the other driver’s insurance policy, any internal notes or communications about your claim, and other pertinent information.
Consulting Additional Experts
Depending on the complexity of your case, we may bring in additional professionals to provide testimony and support your claim. These professionals may include medical professionals, accident reconstruction specialists, life care planners, and others who can help prove the extent of your injuries and damages.
Attending Pre-trial Hearings
Several pre-trial hearings and conferences with the judge may be held to discuss various legal issues and attempt to resolve the case before trial.
We’ll keep you informed throughout the litigation process and advise on any important decisions.
As we get closer to the trial date, Allstate may become more motivated to settle your case for a reasonable amount to avoid the expense and uncertainty of a trial. They know that going to trial can cost them time and that a jury may award you more than they’re willing to pay in a settlement.
However, if Allstate refuses to offer a fair settlement, we’ll fully prepare to argue your case before a judge and jury. Our experienced trial attorneys will present a compelling case, highlighting the evidence we’ve gathered and the extent of your injuries and damages. We’ll fight vigorously to get you the maximum compensation possible.
The litigation process can take time, often stretching over several months or even years, depending on the complexity of your case and the court’s schedule. However, we’ll join you every step of the way, tirelessly working to ensure you receive the compensation and justice you need to move forward with your life after a serious injury.
Contact Our Personal Injury Attorneys Today
Daniel J. Grimm, Personal Injury Lawyer
Pursuing an injury claim against Allstate can be long and confusing, but you don’t have to go through it alone. Our compassionate personal injury attorneys will guide you each step of the way, handling all the legal heavy lifting so you can focus on your health and recovery.
We know Allstate’s tactics to limit payouts and won’t back down until we get the best possible outcome for you.
If you suffered an injury in an accident with an Allstate-insured driver, contact us today for a free consultation. Let us put our experience and resources to work to get you the compensation you need to move forward after a serious injury. We’re here to help; there’s no fee unless we win your case.