In most states, the driver at fault for causing an accident is usually liable for any ensuing injuries. Their insurance provider should cover this liability under the terms of the policy it issued.
So, if a driver hits you, you would file a claim against their insurance policy to seek compensation for your medical expenses, repair bills, and lost income. However, insurance companies are in the business of making profits, and they might deny or minimize your claim to avoid liability and a hefty payout.
If so, you need an experienced and dedicated advocate in your corner. A personal injury lawyer can take on the insurers for you, even a large and powerful company like State Farm.
An attorney can help you navigate the claims process, increasing your chances of recovering the compensation you deserve. Without an attorney’s help, you risk accepting a payout for less than your claim is worth – or an outright denial.
Keep reading to learn more about the timeline of a State Farm injury claim, what your claim might be worth, and how a lawyer could help.
While every injury claim is unique, here are the typical steps of State Farm’s claims process:
Seek medical treatment – After a car accident, go to the hospital or see a doctor immediately to have your injuries diagnosed and treated. Some injuries take days or weeks to develop symptoms, so seek medical treatment even if you feel fine. Seeing your doctor will increase your chances of making a full recovery. Plus, your medical records will be valuable evidence in your claim. Get copies of your records.
Contact law enforcement – Dial 911 or call the police from the accident scene. Responding police officers will investigate the crash, examine vehicle damage, and get statements from witnesses who saw the accident. They will prepare a police accident report that includes their observations as well as a determination of fault. While police reports are not binding, they can persuade a jury.
Hire a car accident lawyer – After a medical provider treats your injuries, contact an experienced car accident attorney in your area as soon as possible. A lawyer can discuss your case and your legal options for seeking compensation. Notably, a lawyer can negotiate with State Farm to ensure you avoid saying anything that could hurt your claim. Do not speak to the insurers before you hire a lawyer.
Report the accident to your insurance provider – Even if you are not to blame, you should contact your insurer to report the crash. Most policies require policyholders to report accidents within a specific timeframe, regardless of who is at fault. Review your policy to determine whether you have any coverages that could compensate you.
Gather and preserve evidence – Photos or video footage you took at the accident scene could be crucial evidence supporting your claim. You might have pictures of vehicle damage, skid marks on the road, traffic signs, road debris, or other conditions that show how the accident happened. Provide your attorney with all your evidence, including copies of your medical records and bills, invoices, or receipts related to your medical treatment. Your attorney will collect additional evidence, including footage from traffic cameras or testimony from expert witnesses, to strengthen your claim.
Submit a demand letter – After your lawyer investigates the accident and gathers supporting evidence, they will submit a demand letter to State Farm outlining your claims against the other driver and specifying the compensation you seek for your injuries and other losses. Your attorney will consider your ongoing medical expenses, lost income, potential loss of future earning capacity, and other losses to determine the amount you should demand.
Negotiate with the insurer – After State Farm receives your demand letter, the company will investigate the accident and respond to your claims. If State Farm accepts liability for your injuries, an adjuster might offer a settlement. Often, the insurer’s first offer does not account for all of a claimant’s losses. Your attorney can negotiate with State Farm to help you seek a settlement that covers all your ongoing and future losses due to your injuries. If State Farm denies your claim, your attorney can fight for you to pursue what State Farm owes you.
Take the insurer to court – If State Farm refuses to negotiate in good faith or makes a lowball settlement offer, you might need to file a personal injury lawsuit to pursue the compensation you deserve. Your attorney can handle all the details of filing your suit and aggressively advocate for you in court.
Receive compensation and close the claim: You will receive the agreed-upon compensation upon reaching a settlement through negotiation or litigation. After this, the claim with State Farm closes.
How a Lawyer Can Help with Your State Farm Claim
Most insurers settle claims out of court because litigation is often time-consuming and costly. Whether you negotiate a settlement or seek compensation through a lawsuit, a lawyer can help with your State Farm claim.
Some ways a lawyer can help include:
Evaluating Your Case: An attorney can assess the details of your case to determine fair compensation for your injuries. They consider medical expenses, lost income, and loss of future earning capacity.
Gathering Evidence: A lawyer can help collect and preserve evidence to support your claim. This includes medical records, police crash reports, witness statements, and other documentation proving the extent of your injuries and the other party’s liability.
Handling Communications: Your attorney can manage all communications with State Farm and other involved parties. This protects you from saying anything to the insurer that could inadvertently harm your case.
Negotiating With State Farm: Your lawyer will use their knowledge and experience to negotiate with State Farm for a fair settlement. They know insurance companies’ tactics to deny or minimize claims and how to counter them effectively.
Representing You in Court: If State Farm does not agree to a fair settlement, your lawyer can represent you in court. They’ll handle all aspects of the litigation process, from filing the lawsuit to representing you at trial. Should State Farm deny your claim or prevail at trial, your lawyer can file appeals and fight for you.
How Long Does a State Farm Injury Claim Take?
One of the most common questions lawyers receive about personal injury claims is how long these cases take. Every case differs, so it’s difficult to say how long any one case will last.
The timeline of a State Farm claim depends on:
Severity of Your Injuries: More severe injuries often require lengthier medical treatment, which can extend the timeline of a claim.
Complexity of the Case: Claims involving complex legal issues, multiple parties, or disputed liability can take longer to resolve.
Amount of Evidence: The time it takes to collect medical records, police reports, witness statements, and other relevant information can add to the claim’s duration.
Negotiation Process: While some claims settle quickly through negotiations, others require multiple rounds of back-and-forth between parties.
Insurer’s Response Time: The insurer’s internal procedures, workload, and efficiency in handling claims play a significant role in a claim’s timeline.
Legal Proceedings: The claims process generally takes longer if the case goes to court because court schedules can add considerable time.
How Much Is a State Farm Injury Claim Worth?
Just like the duration of a personal injury claim depends on many factors, the same is true for how much a claim is worth. An experienced and capable attorney can review your case to document all of your losses.
Some of the losses for which you can pursue compensation in an injury claim include:
Past, ongoing, and future medical expenses, including doctor’s appointments, surgeries, prescription drugs, physical therapy or rehabilitation, lab tests, X-rays and other diagnostic exams, and hospital stays
Any income you lose from missing work
Any reduction in your future earning potential due to an injury that results in a permanent impairment that prevents you from working
Physical pain and suffering due to your injuries or medical treatment
Emotional distress, such as insomnia, depression, anxiety, and post-traumatic stress disorder (PTSD)
The cost to repair or replace any personal property damaged in the accident
What to Say and Not to Say to a State Farm Insurance Adjuster
While your lawyer can handle negotiations with the insurance adjuster, you may need to speak with an adjuster to provide a statement. Your attorney can prepare you for your statement and tell you what to say – and what not to say – to the insurance adjuster.
Here are a few tips:
What to Say
Provide basic information – Provide the insurer with basic information, such as your full name, address, and contact information. You can also confirm the date and location of the accident.
Stick to the facts – Recount factual information to the adjuster. However, do not speculate about the accident’s cause.
Confirm receipt of correspondence – Acknowledge any correspondence or documents from State Farm. This helps ensure clear communication and shows you are responsive.
What Not to Say
Do not go into too much detail – Avoid discussing the specifics of the accident. State Farm’s adjuster might use these statements against you later in the claim process.
Do not provide a detailed account of your injuries – Do not go into detail about your injuries, especially soon after the accident. You may not know the full extent of your injuries or the medical treatment you require.
Do not make a recorded statement – Decline any requests for a recorded statement. Insurance adjusters can use these statements to accuse you of changing your story.
Do not admit fault or apologize – Never admit fault or accept blame for the accident. Even an offhand remark like “I’m sorry” can constitute evidence of liability.
Do not agree to a settlement – Do not accept any offers without consulting your lawyer. Early settlement offers typically do not reflect the full extent of losses.
How Much Does a Personal Injury Attorney Cost?
Most personal injury attorneys work on a contingency fee arrangement, which means their clients do not pay any upfront fees. Instead, they only get paid if they recover compensation for their clients through a settlement or verdict.
Once a client receives an award, the lawyer earns a percentage of it. This fee structure allows an injury victim to hire an experienced attorney with little risk while motivating the attorney to strive for the best outcome.
Furthermore, most personal injury attorneys offer free initial consultations, allowing potential clients to determine whether a lawyer is a good fit without spending any money.
Common Types of State Farm Claims Personal Injury Attorneys Take
As one of the largest insurance companies in the country, State Farm issues policies covering a wide range of accidents. No matter how you sustain your injuries, you can increase your chances of having a successful claim by hiring an experienced personal injury lawyer.
An attorney can simplify the claims process and help maximize your potential compensation. Some common types of State Farm claims an attorney can help you with include:
Car Accidents
After a car accident, a personal injury attorney can gather and preserve crucial evidence, such as police accident reports, witness statements, and traffic camera footage. A lawyer may also hire experts, such as accident reconstructionists, to provide testimony that proves how the accident happened and who is liable.
Motorcycle Accidents
A personal injury attorney with experience in motorcycle accident claims can collect evidence to prove that another party is liable for a motorcyclist’s injuries. A lawyer can also counter stereotypes about and bias against motorcycle riders that insurers often use to deny these claims.
Commercial Truck Accidents
A personal injury lawyer can assist with a truck accident claim by examining the applicable federal and state regulations governing commercial trucks, communicating with multiple parties like trucking companies and insurers, and accounting for the severe injuries often associated with such accidents.
December 24, 2023
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