How Our Lawyers Handle an Allstate Injury Claim

Oct 9, 2024 | Pierre Prialé
How Our Lawyers Handle an Allstate Injury Claim

When dealing with personal injury claims against major insurance companies like Allstate, understanding the legal process is vital for achieving a fair settlement. Additionally, having strong legal representation can significantly impact the outcome of your claim.

If you’re involved in a collision and must file an Allstate injury claim, allow our lawyers to assist you. Our personal injury attorneys have the experience, skills, and resources to navigate even the most complex claims to achieve favorable results.

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Understanding Allstate Claims

Allstate is one of the largest insurance providers in the United States, specializing in auto, home, and life insurance. When a policyholder files a claim for injury, Allstate is responsible for investigating the claim and determining its validity. The claims process typically involves several stages, including:

  • Claim filing: The injured party or their attorney submits a claim to Allstate.
  • Investigation: Allstate investigates the claim, which may include reviewing police reports, medical records, and other evidence.
  • Evaluation: Allstate evaluates the claim to determine liability and the extent of damages.
  • Settlement offer: If Allstate accepts liability, it will make a settlement offer.
  • Negotiation: The injured party or their attorney negotiates the offer.
  • Litigation (if necessary): If a settlement cannot be reached, the attorney can file a personal injury lawsuit, and the case may proceed to court.

Understanding this process is essential for both clients and attorneys, as it sets the stage for the strategies that will be used throughout the claim.

The Allstate Injury Claims Process

While every situation is different, you can generally expect the following steps throughout your Allstate injury claim process. When you work with our personal injury attorneys, you can be confident knowing we will be there every step of the way, helping you feel more at ease as you move along your case.

Initial Consultation with a Lawyer

A stack of papers with personal injury claims on the table.

The very first step for any injured party is to consult with a personal injury lawyer who has experience handling claims against Allstate. During the initial consultation, our lawyers will:

  • Assess the case: Your attorney will gather details about the incident, the nature of your injuries, and any relevant documentation.
  • Explain the legal process: Your lawyer can provide an overview of the claims process, including potential timelines and what to expect at each stage.
  • Discuss fees: Understanding finances for a legal case is essential, so it's critical to clarify fees early on. 

Your consultation can help you get to know our lawyers, and help you understand your case and next steps a little better.

Investigating the Claim

Once you hire your lawyer, they will begin a thorough investigation. This phase is vital, as the evidence collected will form the basis of your claim. Key components of this investigation include:

Gathering Evidence

Our lawyers will collect evidence related to your accident, including:

  • Police reports: These documents can provide official accounts of the incident and help establish liability.
  • Medical records: Comprehensive medical documentation is essential for proving the extent of injuries and related expenses.
  • Witness statements: Eyewitness accounts can corroborate the injured party’s version of events.
  • Photographic evidence: Photos of the accident scene and injuries can be compelling evidence.

Evidence can aid in establishing cause and liability, and help prove the extent of your accident-related expenses and losses.

Consulting Experts

In some cases, personal injury lawyers may consult with experts, such as medical professionals or accident reconstruction specialists, to strengthen your claim. Expert opinions can provide insight into the severity of injuries and the circumstances surrounding the accident.

Calculating Damages

Calculating damages is a critical part of the claims process. Attorneys will consider various factors, including:

  • Medical expenses: Past and future medical costs, including hospital bills, rehabilitation, and ongoing treatment.
  • Lost income: Compensation for time off work due to injuries.
  • Pain and suffering: Non-economic damages related to the physical and emotional impact of the injuries.
  • Property damage: Any costs associated with repairing or replacing damaged property.

Determining the value of your claim is essential to help ensure you get the financial recovery you’re entitled to. Your lawyer will thoroughly assess your situation to determine how much your claim is worth and actively pursue full and fair compensation.

Filing the Claim with Allstate

Once the lawyer has gathered sufficient evidence, they will file the claim with Allstate. Your claim outlines the details of the case, including:

  • Incident description: A clear narrative of what happened.
  • Injuries sustained: A detailed account of the injuries and their impact on your life.

After filing the claim, Allstate assigns an insurance adjuster and begins working on their end, which includes investigating the incident and reviewing available evidence.

Negotiating with Allstate

After filing the claim, the next step is negotiation. Allstate will typically respond with an initial settlement offer, which may be significantly lower than what your claim is worth. Our personal injury lawyers handle this stage strategically:

Reviewing the Offer

Personal injury attorneys will carefully review Allstate’s offer, considering whether it adequately compensates for all damages. They will compare it to the calculated damages and other relevant case information.

Counteroffers

If the iitial offer is unsatisfactory, your lawyer will prepare a counteroffer that is backed by solid evidence and rationale. This document may include:

  • Evidence summary: A concise summary of the evidence supporting the claim.
  • Detailed breakdown of damages: A comprehensive account of medical expenses, lost income, and pain and suffering.

Additionally, your attorney includes a justification for the counteroffer, which is a persuasive argument explaining why the counteroffer reflects a fair value.

Continued Negotiations

Negotiations are often time-consuming and can involve back-and-forth communication over days or even weeks. Lawyers will remain in contact with Allstate’s claims adjusters, advocating for clients and making adjustments to the counter offers as needed.

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Preparing for Litigation

If negotiations do not lead to a successful settlement, your lawyer may recommend proceeding to litigation. This decision is often based on several factors, such as:

  • The severity of your injuries: More serious injuries may warrant litigation if Allstate is unwilling to provide adequate compensation.
  • Allstate’s stance: If Allstate is firmly denying liability or offering an unreasonably low settlement, litigation may be necessary.
  • Client’s preferences: Ultimately, the decision to litigate involves your wishes, taking into account our goals and the advice from our lawyers.

While litigation may seem overwhelming and stressful, it is much less so when you have an experienced attorney on your side. Our skilled personal injury lawyers can make the process much easier for you.

Filing a Lawsuit

If litigation is necessary, your attorney will file a lawsuit in the appropriate court. This document, known as a complaint, outlines the case against Allstate and specifies the damages being sought.

Discovery Process

The discovery phase involves gathering additional evidence through:

  • Interrogatories: Written questions that must be answered under oath.
  • Deposition: Sworn testimony taken from parties and witnesses.
  • Document requests: Requests for relevant documents from Allstate and other parties involved.

Discovery can take some time to complete, depending on the severity of the situation and Allstate’s participation. While time-consuming it is also important, as it can yield additional information needed to get you a successful outcome.

Settlement Talks

Whenever possible, our lawyers aim to settle cases to try avoiding court altogether. Therefore, before going to trial, attorneys revisit settlement negotiations.

While there are no guarantees, a majority of personal injury cases settle in pretrial negotiations, as both parties seek to avoid the uncertainties of trial.

Going to Trial

If pretrial negotiations do not end in a settlement, the case can proceed to trial. When personal injury cases go to trial, lawyers present arguments and evidence before a judge or jury. The trial process can be involved, including:

  • Opening statements: Each side presents an overview of their case.
  • Witness testimony: Lawyers call witnesses to testify and provide evidence.
  • Closing arguments: Each side summarizes their case, emphasizing key points.

From beginning to end, our lawyers handle all aspects of your trial.

The Verdict

After deliberation, the jury (or judge) renders a verdict. If the verdict is favorable, you may receive compensation as ordered. Should the outcome be unfavorable, there may be grounds for an appeal, depending on legal errors made during the trial.

Regardless of the outcome of your trial, our lawyers will continue to support and guide you.

The Benefits of Having an Attorney Handle Your Allstate Claim

Middle age partner lawyers attorneys shaking hands after discussing a contract agreement done.

When you’re involved in an accident and suffer injuries, you should not hesitate to seek legal representation. Having an attorney handle your Allstate claim can offer significant benefits, including:

  • Knowledge of the law: A lawyer is familiar with the laws and regulations surrounding auto insurance claims, which can help navigate complex legal issues and ensure compliance.
  • Evidence gathering: Attorneys know what evidence is necessary to support your claim, from accident reports to medical records, and can gather this on your behalf.
  • Skilled negotiation: Lawyers are skilled negotiators and understand the tactics used by insurance companies like Allstate. They can do whatever is necessary to help ensure you receive a fair settlement. 
  • Maximizing compensation: Attorneys can accurately assess the full extent of your damages, including medical bills, lost income, and pain and suffering, ensuring you don’t settle for less than you deserve.
  • Handling denials: If Allstate denies your claim, a lawyer can help you understand the reasons and work to appeal the decision or pursue further legal action.
  • Reducing stress: Dealing with insurance companies can be overwhelming. An attorney can handle everything from paperwork to communications, allowing you to focus on your recovery.
  • Protecting your rights: A lawyer can ensure your rights are protected throughout the Allstate claims process and that you are not taken advantage of.
  • Timely filing: Attorneys ensure all claims and paperwork are filed within the necessary deadlines, preventing issues that can jeopardize your case and financial recovery.

Overall, handing an attorney can substantially enhance your chances of a favorable outcome for your Allstate claim. Additionally, knowing you have a seasoned advocate fighting for you gives you invaluable peace of mind throughout the process.

Protecting You From Allstate’s Tactics

One of the biggest advantages of having our lawyers handle your Allstate injury claim is protecting you from the insurance company’s sneaky tactics. Allstate, like many other insurance companies, uses certain strategies to hinder claims and limit what they pay out. Some of these tactics include:

  • Low initial offers: Insurance adjusters might start with a low settlement offer, hoping you will accept it without negotiating. These initial offers usually come soon after the accident, giving claimants little time to hire legal representation or understand the monetary value of their claims. 
  • Disputing liability: Allstate may try to shift blame onto you or suggest shared responsibility to reduce their liability and eventual payout.
  • Using recorded statements: Allstate often requests recorded statements from claimants, which can be used against you later if you say something that can be interpreted negatively.
  • Delaying claims: The insurance company may prolong the claims process to pressure you into accepting a lower settlement. 
  • Requesting excessive documentation: Allstate may ask for extensive documentation, making the process cumbersome and potentially discouraging for claimants. 
  • Minimizing injuries: The insurance company may downplay the severity of injuries or suggest they were pre-existing conditions to avoid responsibility. 

Claimants face these and other schemes from Allstate, especially when they go unrepresented. However, when our lawyers represent you throughout your injury claim, you are protected. Having legal representation makes it much harder, if not impossible, for insurance companies like Allstate to take advantage of claimants.

Allow Our Lawyers to Handle Your Allstate Claim, Call Today

Handling an Allstate injury claim often involves complex legal processes that require skill and experience. From the initial consultation and thorough investigation to negotiation and potential litigation, our personal injury lawyers play a vital role in advocating for clients’ rights and paving the way to reach just compensation for accident injuries.

When you’re injured in an accident and must file a claim with Allstate, do not wait to consult with the attorneys at Right Path Law. A seasoned lawyer can protect your best interests from beginning to end and fight to get you the claim result you deserve.

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Pierre Prialé

Founder and CEO

Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.

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