While personal injury lawyers commonly seek settlements from the responsible party, they also help you deal with your insurance company during the process. Varying levels of liability for an accident and the other party’s insufficient protection or lack of coverage can complicate an already challenging situation. Insurance companies on both sides of an accident seek to limit the amount they pay out in claims, making it essential to have an expert lawyer on your side who can gather and analyze all the facts to ensure a fair outcome.
After an Accident
Regardless of fault, anyone involved in an accident must report the incident promptly to their insurance company. Specifically, if there are extensive injuries or property damage, you should not volunteer any extra details than what is required. Stick to facts and don’t offer unsolicited information. Don’t admit fault since this may increase your insurance rates or lower your settlement.
Even if you don’t have any fault in the incident, it’s up to you to prove the other party’s responsibility when you file a claim. That is where an accident lawyer in Las Vegas can help to ensure you are fairly compensated.
Lawyers Take the Communication Lead
It’s best to leave the communication with insurance companies to the experts. Everything you say and the documentation you provide to insurance companies could be used against you, so it’s crucial to evaluate facts, evidence, and other information before sharing anything. Insurers may also try to get you to accept a lowball offer to close your case quickly. Closing a case too early can prevent you from seeking additional compensation if medical or other circumstances change.
Personal injury lawyers will represent their client’s interests to all parties, including the client’s insurance company, setting the stage for a successful negotiation and conclusion of the case. While you may have experience dealing with your insurance company for straightforward claims like minor fender-benders or hail damage, a lawyer knows how to handle more complex situations that involve your insurance company effectively.
Your personal injury lawyer will handle your insurance company much like they would the other party’s insurance company. Your auto or homeowner’s insurance may be responsible for paying out claims depending on the circumstances of the accident.
In cases where the responsible party in an accident is uninsured or underinsured, your insurance company will handle the claims throughout the process, from information gathering to final negotiations and distributing the settlement funds. Personal injury lawyers will ensure claims forms and information requests are accurately and promptly submitted. Your personal injury lawyer will work with your insurance company to negotiate your claims, following applicable laws for uninsured or underinsured motorists. Homeowner’s insurance may also be involved, depending on where the injury occurred.
Regardless if the compensation comes from your insurance company, the responsible party’s insurance company, or a combination of both insurances, claims must be filed promptly and accurately. Recoverable damages should be accurately valued and include:
- Medical care, including therapy and rehabilitation services.
- Property damage.
- Impaired physical movement or disfigurement.
- Pain and suffering, both physical and emotional.
- Distress and mental health issues.
- Income loss, both short-term and long-term.
- Loss of future earning ability.
Your attorney will help prove all the relevant factors that add to your monetary damages claim, combining the documentation with that of your insurance company or the responsible party’s insurance company. Navigating the complexity of insurance policies, coverage limits, and which company is responsible for covering claims requires a personal injury lawyer. You’ll have someone on your side who can review the insurance policies, define coverage limits, and negotiate a settlement that meets your and your family’s needs.
Help Complying With Insurance Company and State Requirements
Insurance company claim forms and other information must be accurate and comply with state laws and insurance company rules. A skilled personal injury lawyer will be well versed in following claim form requirements, properly valuing your case based on several factors, proving negligence of the other party, and ensuring the statute of limitations is followed.
Your attorney will seek compensation from your insurance company in cases where the responsible party has limited or no coverage. If you carry the sometimes optional uninsured, underinsured, or personal injury protection on your insurance, your policy will offer this extra protection.
Proving Fault and Negligence
Regardless of which insurance company covers the claim, you must prove the other party is at fault. Depending on state laws, this determination of responsibility isn’t always black and white. There are gray areas, especially when both parties are at fault. Several potential causes of a personal injury lawsuit include vehicle accidents, pedestrian accidents, accidents at home or other locations, wrongful death, dog bites, medical malpractice, and defective products.
Damages cover tangible things like medical bills, property damage, and injuries that are harder to quantify, like pain and suffering. Damage awards might be higher if the responsible party was highly negligent, such as excessive speeding or another egregious offense, leading to punitive damages.
Building a Comprehensive Case File
Most cases are resolved without going to court, which means documentation is key to making successful case resolution a smooth and efficient process. Case files include several key pieces, including:
- Police reports and other official documentation.
- Witness accounts of the incident.
- Financial information, including invoices, receipts, and other relevant information like your income.
- Photographs and video evidence of the incident, your injuries, and property damage.
Insurance companies have three options when considering claims: accept and pay the requested amount, deny, or provide a counteroffer. Claims typically aren’t approved and paid out immediately, particularly in high damage amounts. Since the information you give an insurance company could be used against you, it’s safest to secure a lawyer before you try to negotiate a settlement yourself.
A successful case settlement covers damages, including past, present, and future expenses. Ongoing medical expenses, loss of potential future income, and other factors make having an expert to determine a fair settlement imperative.
Let De Castroverde Help
While you can handle accident claims and deal with the insurance companies on your own, having an expert attorney on your side ensures details are handled correctly and that you’re protected. Motorists and others injured in an accident must prove fault, which requires gathering and evaluating numerous facts. Schedule a free consultation with De Castroverde Accident & Injury Lawyers if you or a family member were involved in an accident. Our attorneys will be able to evaluate your case and bring it to a prompt and fair conclusion.