Massive insurance companies, like State Farm, can easily take advantage of individuals who suffered an injury due to their insured’s negligence. Fortunately, a personal injury attorney representing you after getting into an accident can avoid common pitfalls and underhanded tactics used by State Farm and other insurance companies to avoid making payments.
If you have been involved in an accident, you need an attorney. You do not need to pursue compensation for your accident alone. Talk to a Fayetteville personal injury lawyer today and learn more about your legal rights and ability to recover compensation after an accident.
What Types of Injuries and Accidents Does State Farm Cover?
State Farm provides coverage for various types of injuries under its different insurance policies, depending on the specifics of the coverage. Here are some types of injuries typically covered by State Farm.
Car Accidents
Car accidents can happen at any moment and at an alarming rate across the country. Injuries resulting from car accidents can be severe and expensive to treat. Auto insurance covers injuries that result from car accidents, including:
- Lost income, which might include compensation for time off work or lost earning capacity
- Pain and suffering, mental anguish, or other accident-related non-economic damages
- Medical expenses, including emergency care, surgeries, hospital stays, and rehabilitation
- Serious or catastrophic injuries, like traumatic brain injuries, spinal cord injuries, or permanent disabilities, are all generally covered by car insurance.
- Injuries to passengers or pedestrians in a car accident usually fall under the driver’s insurance policy.
- Of course, car insurance covers accident-related bodily injury, including whiplash, fractures, cuts, burns, or other injuries sustained in a collision.
Slip and Fall Accidents
Slip and fall accidents happen when a property owner fails to keep their property free from hazardous conditions, and someone gets hurt. Insurance companies typically cover their insured for accidents on their property if they carry homeowners’ or renters’ insurance.
Homeowners’ insurance generally covers slip and falls, dog bite injuries, and accidents caused by unsafe stairs or other hazards on the owner’s property. Renters insurance typically covers injuries sustained in rental properties. Renters insurance covers guest injuries and injuries to visitors inside your rental property due to negligence.
Motorcycle Accidents
Motorcycle accidents are severe and happen at an alarming rate. Injuries sustained while riding motorcycles can be severe. You might face a significant amount of medical expenses after a motorcycle accident.
Dog Bites
People insured by State Farm are typically covered if their pets cause another person an injury. If you were injured in a dog bite accident, an attorney can pursue coverage of your injuries.
Uninsured and Underinsured Motorist Coverage
State Farm typically covers its insured if the insured has underinsured or uninsured motorist coverage. This type of coverage is helpful if the insured was injured in a hit-and-run accident.
Why Hire a Personal Injury Lawyer For a State Farm Claim?
Hiring a personal injury lawyer for a State Farm claim helps protect your legal rights after an accident. Handling a State Farm injury claim requires a structured and strategic approach to ensure the best outcome. Here is a general outline of how lawyers typically manage such claims.
Initial Consultation
Every step of your case is important, even the initial consultation. The first meeting is a fact-finding mission. During the initial consultation, a personal injury attorney will collect details about the accident, injuries, medical treatment, and any communication with State Farm.
The lawyer will also take this chance to assess liability for the accident. The lawyer will determine the circumstances of the accident and the potential fault of the insured. Your lawyer will further explain the insurance process, potential timelines, and what the client can expect.
Use the initial consultation to get an idea about the viability and potential value of your accident claim. Having an attorney will access full and fair compensation.
Investigation and Documentation
Hiring an attorney will complete a thorough investigation into the facts of your case. A complete investigation will include obtaining police reports, witness statements, photos of the accident scene, and any relevant video footage. An attorney will compile medical evidence by requesting detailed medical records, bills, and prognosis reports.
An attorney will evaluate your case and seek compensation for your economic losses, including medical bills and lost income, and your non-economic losses, including pain and suffering and emotional trauma.
Notify State Farm
Hiring a personal injury attorney means that you have someone to communicate with State Farm on your behalf. Your lawyer might draft a letter of demand outlining the basis of the claim, your position on liability, the extent of your damages, and the compensation you seek. A lawyer will notify State Farm of their legal representation and direct all further communication through the office.
Negotiation Phase
The negotiation phase is an important stage in any accident claim. Negotiating with a massive insurance company like State Farm can be intimidating. Having a personal injury lawyer will help ease your mind and reassure you that you are getting everything you deserve from the negotiation.
An attorney will help review State Farm’s response to settlement offers, analyze their initial offer, and assess its adequacy. Your lawyer will counter their offer with a detailed justification for the amount demanded, supported by evidence. Your legal team will document communication by keeping a record of all correspondence to ensure accountability and clarity.
Litigation
If negotiations stall or State Farm denies the claim unfairly, an attorney might file a lawsuit and proceed with legal action. While the case is pending, both sides will participate in the discovery process. During the discovery phase, each party will exchange evidence. You will exchange information with State Farm’s legal team and prepare for trial.
Settlement negotiations will continue while the case is pending. As a part of the ongoing settlement discussions phase, you and your attorney will engage in mediation or arbitration to resolve the case without a full trial, if possible.
Trial Prep and Court
During trial preparation, your lawyer will build your case. Building your case means presenting evidence, witness testimony, and expert opinions to establish liability and damages. Lawyers advocate for their clients in court, clearly articulating their story with strong supporting evidence. An attorney will strive for a fair resolution, either through a jury or a judge’s decision.
Having an attorney is the best way to access full and fair compensation from State Farm after an injury. Contact an experienced personal injury lawyer to discuss your options and legal rights after an accident.
Key Considerations When Dealing With State Farm
By maintaining a thorough and strategic approach, lawyers can maximize the chances of securing a fair settlement or verdict for their clients in a State Farm injury claim. Here are some key considerations you should be aware of while dealing with State Farm.
- Client communication: Having a lawyer helps maintain a clear and consistent communication flow between you and State Farm throughout the claims process.
- Policy limits: An attorney will explain the insured’s policy limits and how they affect potential recovery.
- Dealing with insurance tactics: An attorney will be prepared for tactics such as undervaluing the claim, delays, or disputing liability.
How Does State Farm Value My Claim?
Like other insurance companies, State Farm wants to protect its profit margins. State Farm might undervalue or deny your claim to protect the bottom line. A personal injury attorney will avoid this and seek the full and fair compensation you deserve after an accident.
State Farm values claims based on a combination of factors designed to estimate the total compensation owed. The evaluation process typically includes both objective and subjective assessments. Here is an outline of how State Farm might value your claim:
Assessing Liability
State Farm assigns case value by evaluating whether their insured is fully, partially, or not at fault for the accident. An attorney will combat any unjustified blame-shifting after an accident.
Evaluating Medical Expenses
State Farm examines all medical bills related to the injury. They may only cover “reasonable and necessary” expenses, so inflated or unrelated charges can be disputed. If injuries require ongoing treatment, they estimate future medical expenses based on provided evidence, such as doctor’s notes or expert opinions.
Calculating Lost Income
State Farm typically compensates accident victims for time missed from work due to their injury. These losses should be supported by pay stubs and employer verification. For severe injuries, State Farm may calculate lost earning capacity if the injury impacts your ability to work long-term.
Evaluating Pain and Suffering
Insurance companies try to downplay the effect of pain and suffering, as well as other economic damages. However, having an attorney is the best way to ensure you collect for all your compensable losses after an accident. There are two major ways that State Farm evaluates pain and suffering, including the multiplier method and the per diem method of calculating damages.
Analyzing Property Damage
State Farm will use fair market value to value repairs or determine if your vehicle is a total loss. State Farm may also analyze other property damage, including damaged personal items in the vehicle, like electronics or clothing.
Considering Insurance Policy Limits
State Farm will not offer more than the policy limits, even if your damages exceed coverage. If you have underinsured motorist coverage, it may come into pay if the insured’s policy is not sufficient.
Examining Supporting Evidence
State Farm might value your claim and assign it a monetary value after examining supporting evidence. Examples of supporting evidence can include visual evidence of the accident, injuries, or property damage, statements from witnesses that can affect the strength of the claim, and detailed medical records that link the injuries to the accident, which are critical to finding the final value of the claim.
Evaluating Settlement Negotiations
State Farm often starts with a low initial settlement offer, expecting negotiation. If you have an attorney, they may offer more, knowing the claim is less likely to be undervalued or denied without challenge.
What Can Reduce Claim Value?
State Farm might try to reduce their liability exposure and pay you less than what you deserve after an accident. Common excuses that State Farm uses to try and reduce the value of your claim can include:
- Blaming you: If State Farm argues that you were to blame for your accident, even partially, they will try to deny or reduce the payout. Working with an attorney allows you to challenge unfair accusations of fault.
- Pre-existing conditions: State Farm might claim part of your injury is due to a prior medical condition.
- Delays in medical treatment: State Farm might argue that since there are gaps in your medical treatment, your injuries are not as severe as you claim or were not caused by the accident.
Understanding how State Farm values your claim can help you better prepare and advocate for fair compensation, especially with the support of an experienced attorney.
How Long Do I Have To File An Accident Claim?
Accident victims do not have an unlimited amount of time to file an insurance claim. Every accident victim is limited by the statute of limitations. The statute of limitations is the deadline set by law. This is an important procedural rule and must be complied with, or you might lose your right to recover.
Working with an attorney is the best way to ensure you comply with all applicable procedural rules and regulations to protect your case from being dismissed on technical grounds.
Contact A Personal Injury Attorney Today!
An attorney will identify and assert your rights against a large insurance company like State Farm. Trying to get the full and fair compensation that you deserve after an accident as an individual can mean that you leave money on the table after a negotiation or trial. A personal injury lawyer will protect your rights and your ability to recover financial compensation from State Farm after getting injured in an accident.
Consultations are free, so there is no risk to calling a local law firm and discussing a possible case right away.