Facing a behemoth of an insurance company like Allstate can be challenging for even the savviest claimant. Insurance companies like Allstate count on injured people to accept the bare minimum after an accident. However, you deserve better. A personal injury attorney can seek what you deserve after an accident.
If you have suffered an injury in an accident and have a claim against Allstate, you need to contact a lawyer. Do not delay. Consult a Fort Smith personal injury lawyer today to learn more about how to protect your legal rights after an accident.
What Types of Accidents Does Allstate Cover?
Allstate is a massive insurance company and one of the most popular across the country. Here are some accidents that claimants might be involved in with Allstate.
Slip and Fall Cases
Slip and fall accidents can happen anywhere a property owner negligently maintains their premises. A property owner might use Allstate as their insurance provider, so you can find yourself dealing with the company.
In slip and fall accident cases, property owners will try to avoid taking responsibility for the accident, and so will Allstate. You need a personal injury lawyer to help protect you from people and insurance companies that want to keep you from the compensation you deserve.
RV Accidents
Recreational vehicles are massive. If you get into an accident while traveling in an RV, you might find yourself dealing with serious injuries and other losses. Insurance companies like Allstate might give you a hard time. Having a personal injury attorney is the best way to ensure you get everything you deserve after an accident.
Drowning Accidents
Allstate often handles drowning accidents. The results of a drowning accident can leave a family emotionally devastated. An attorney protects you from greedy insurance companies and the profit-driven insurance industry.
Catastrophic Injuries
A catastrophic injury happens when an accident causes a devastating injury to the victim. Examples of catastrophic injuries include amputation injuries. Accidents that cause catastrophic injuries can lead to a battle with insurance companies, including Allstate. An attorney can handle the insurance claims side of your accident so you can focus on your recovery after a catastrophic injury.
Motorcycle Accidents
Motorcyclists represent a small number of vehicles on the road throughout the United States. Despite the small number of motorcycles on the road, motorcyclists represent a large number of injury-causing and fatal accidents nationwide. If Allstate represents a party to the accident, then you will need a personal injury attorney to represent you in your claim.
Car Accidents
One of the most common and well-known Allstate claims involves car accidents. Deaths from car accidents and serious injuries can lead to a lengthy insurance process. Accident victims might find themselves with a complex claims process with Allstate. An attorney can help ease this burden for you after a car crash.
Why Hire a Personal Injury Lawyer For An Allstate Claim?
Allstate has a reputation for being challenging in claims negotiations, often employing tactics to minimize payouts. Hiring a lawyer ensures that:
- Maximize compensation for your injuries
- Protect you from unfair settlement practices
- Properly evaluate your losses and claim
Handling an Allstate injury claim often involves undergoing insurance negotiations to secure fair compensation. While every case is unique, lawyers typically follow a structured process to effectively manage an Allstate injury claim. Here is an outline of what they may do:
Notify Allstate
Even making the call to notify Allstate about an accident can be difficult. Your attorney will formally notify Allstate about the injury claim. An attorney will provide the initial case-related documentation, which might include medical records, police reports, and other proof of damages.
Initial Case Evaluation
Your lawyer will make an initial evaluation of your case and the total value of your claim. Lawyers may examine the accident, your injuries, medical records, and other pieces of case-related information. An attorney will assess the strength of your claim and discuss potential compensation available in your case.
Investigate The Case
An attorney will help your case by gathering further evidence like witness statements, surveillance footage, or expert opinions. An attorney will review the terms of the Allstate insurance policy and review policy limits to fully understand your coverage.
Calculate Damages
Various damages and categories of compensation are available after an Allstate claim. Accident victims might be entitled to recover for economic losses, non-economic losses, and future damages.
- Economic damages include medical expenses, lost earnings, and other quantifiable losses.
- Non-economic damages include pain and suffering, emotional distress, and a diminished quality of life.
- Future damages can include ongoing treatment costs or long-term impacts.
Negotiate With Allstate
An attorney will try to negotiate with adjusters from Allstate. The negotiation process is an important part of the claims process and often leads to resolutions. The negotiation process can include the following stages.
- Lawyers engage in negotiations by handling back-and-forth discussions with the insurance company and countering lowball settlement offers.
- Your attorney might present a letter of demand, which is a formal request for compensation, detailing injuries and damages.
- An experienced attorney will combat underhanded tactics. Allstate is known for aggressive tactics, such as undervaluing claims or delaying responses. Experienced personal injury lawyers anticipate and counteract these moves.
Litigation
If the negotiation process is not successful, then your lawyer might choose to file a lawsuit on your behalf. Filing a lawsuit against Allstate can be challenging and intimidating. The litigation process can include pre-trial preparation, including depositions, discovery, and mediation efforts, and representing your case in court if no settlement is reached while your case is pending.
Post-Settlement or Verdict
After winning your case, your lawyer will ensure proper allocation to cover medical liens, attorney fees, and your net recovery. An attorney can also offer ongoing support and assistance with any future issues related to the claim.
How Can An Attorney Protect Me Against Allstate’s Algorithm?
Allstate, like many insurance companies, uses claims evaluation algorithms (like the Colossus system) to determine appropriate settlement offers for accident claims. The algorithms used by large insurance companies use generalized data and do not account for the unique characteristics of an accident claim. An experienced attorney can protect you from Allstate’s algorithm by employing several strategies, including the following.
Challenging the Algorithm’s Assumptions
Allstate’s algorithm may undervalue your claim by ignoring subjective damages like pain and suffering, limiting payouts for less severe injuries, including soft tissue injuries, and discounting the long-term impacts of the injuries on the accident victim.
An attorney can counter the algorithm by using expert witnesses to demonstrate the full extent of your injuries and your future medical needs.
Building a Strong and Evidence-Based Case
An attorney can use their skill to gather and review evidence with a human eye. Have a personal injury lawyer painstakingly review each detail of your damages to discover the pain of your experience and make an argument against Allstate’s use of its algorithm.
Medical Coding Issues
The algorithm relies heavily on medical codes to evaluate claims. If codes are missing or inaccurately entered, your claim can be undervalued. An attorney can work with medical providers to ensure all treatment is correctly coded and documented to avoid discrepancies.
Identifying Bad-Faith Practices
Allstate’s adjusters may misuse the algorithm to justify unfair offers or delay processing. An attorney can hold Allstate accountable for bad-faith practices and potentially pursue additional legal claims if necessary.
Protecting Against Manipulation
Allstate may use your words to feed the algorithm and reduce the claim value. Attorneys ensure you do not unintentionally harm your case. All communication with Allstate goes through your attorney, eliminating opportunities for the insurer to twist information to their advantage.
Negotiations
Experienced attorneys understand the limitations of algorithms and use this knowledge to push back on low offers. By providing detailed counter-evaluations that include overlooked damages, attorneys can pressure adjusters to move beyond the algorithm’s initial valuation. Attorneys understand that adjusters have the discretion to override algorithmic recommendations. They work to convince adjusters to adjust the payout based on unique case factors.
Ensure That Non-Economic And Future Damages Are Accounted For
The algorithm might overlook important types of damages, including non-economic damages, which include intangible accident-related losses and future damages.
Algorithms may overlook long-term costs like ongoing medical treatment, permanent disabilities, and lost earning potential. An attorney can present projections of these future costs with the help of financial and medical experts, ensuring they are included in settlement negotiations.
Algorithms often struggle to quantify non-economic damages like pain and suffering and emotional distress. An attorney can use legal precedent, detailed narratives, and expert testimony to justify higher compensation.
Protecting Against Manipulation
Allstate may use your words to feed the algorithm and reduce the claim value. Attorneys ensure you do not unintentionally harm your case. All communication with Allstate goes through your attorney, eliminating opportunities for the insurer to twist information to their advantage.
How Should I Prepare For My Initial Consultation?
Before hiring an attorney, you will likely interview them during an initial consultation. The first meeting is your chance to learn more about the attorney’s style and experience and give you a chance to feel comfortable that they will have your best interest in mind as you pursue compensation from Allstate.
Here is some specific advice that you can use to prepare for consulting a personal injury lawyer regarding your injury claim against Allstate.
Before Your First Meeting
Before your first meeting, you should consider taking the following steps to maximize your time with the attorney.
Document Everything
You should always document everything after an accident and use the information you gather to discuss it with an attorney.
Gather physical evidence related to the accident. Make sure that you have police reports, pictures of the accident scene, and names of witnesses and their contact information. Keep track of your medical bills, medical records, and pictures of your injuries. Share any treatment plans created by your physician. Save bills, receipts, and proof of lost income due to the injury.
Avoid Direct Communication With Allstate
Limit direct contact with Allstate to avoid saying anything that might be used against you. You should decline to provide any recorded statements or sign documents until you have spoken to a lawyer.
Keep a Claim Diary
It is a good idea for an accident victim to keep a journal of their thoughts and feelings after an accident. Track your pain levels, emotional distress, and the impact of the accident on your daily life. Also, please note any communication with Allstate or other parties.
Understand Your Insurance Policy
You should review the terms of your own insurance policy after an accident. Review the coverage limits, deductibles, and exclusions and share them with your lawyer during the initial consultation.
What Should I Do During My First Meeting With a Lawyer?
The actual meeting should be as productive as possible. Here are some additional things you can do to prepare for the meeting with an Allstate accident and injury lawyer.
- Prepare questions for your lawyer. Ask the attorney about their experience with Allstate claims, their success rate, and any strategies for your case.
- Discuss the attorney’s fee structure during the first meeting to determine if you are comfortable with how they charge for their services. Most personal injury lawyers work on a contingency basis, meaning they only get paid if you win. Clarify the percentage they will take and other potential costs.
- Share all evidence, records, and correspondence you have gathered and bring the documentation to the first meeting.
- Most importantly, be honest with the attorney you meet with. Provide all the details of the accident, even if you think they might hurt your case, so the lawyer can prepare appropriately.
Contact A Personal Injury Attorney Today!
You deserve proper legal representation after an accident. There is no need to face a giant insurance company like Allstate all alone. Contact a personal injury lawyer to get the support you need after an accident.
Consult a law firm near you and ask about their experience handling Allstate claims as soon as possible.