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An insurance claim lawyer plays a critical role in advocating for individuals who have suffered personal injuries and are seeking fair compensation from insurance companies.

They stand in place of the victim and protect them from insurance companies’ manipulative tactics.

The Responsibilities of an Insurance Claim Lawyer in Personal Injury Cases

When you hire an experienced insurance claim lawyer, they take the groundwork to collect and present evidence to support your claim.

Insurance providers will capitalize on any ambiguity or weaknesses in your case to deny compensation, which is why a skilled attorney is crucial for building a strong case.

Responsibilities you can expect from an experienced insurance claim lawyer includes:

• Case Evaluation and Consultation: A lawyer will assess the details of the injury and the circumstances surrounding the case. They will also determine the viability of the claim and potential compensation amounts.
• Legal Guidance and Advice: Expert lawyers can advise on the legal process, rights, and options available. They will help you understand the complexities of your insurance policy, insurance coverage, and the claim process.
• Investigation and Evidence Gathering: An insurance claim lawyer will conduct thorough investigations to collect evidence supporting the claim. They will also help gather medical records, witness statements, accident reports, and other relevant documents.
• Negotiation With Insurance Companies: Insurance claim lawyers act as intermediaries between the client and the insurance company. They use their skills to effectively negotiate settlements and ensure the client receives a fair compensation offer.
• Representation in Legal Proceedings: If the insurance company refuses to provide a fair settlement, they will help you to file suit and bring your case to trial. They will present the case, argue on behalf of the client, and handle all legal formalities.
• Claims Management: Lawyers keep the ground running by handling all paperwork and procedural requirements for filing claims. They will ensure timely submission of documents and compliance with legal deadlines.

Why It’s Beneficial To Hire a Lawyer To Deal With Insurance Claims

Consulting an experienced Edwardsville insurance claim lawyer should be your first step when you encounter a denial, a delay, or an undervaluation of your insurance claim.

The insurance industry thrives on the lack of legal knowledge and resources of claimants, so don’t let them take advantage of you.

Hiring a lawyer specializing in insurance claims ensures that you have an experienced professional on your side, fighting for your rights.

Ways our insurance claim attorneys at TorHoerman Law can help you include:

• Expertise and Experience: Lawyers specializing in insurance claims deeply understand the laws and regulations governing insurance and personal injury. With our vast legal experience, we can guide you through complex legal landscapes and anticipate challenges.
• Maximized Compensation: Insurance companies aim to minimize payouts. Our lawyer can counteract this tactic by fighting for the claim’s full value. We will identify all possible avenues for compensation, including medical expenses, property damage, lost wages, pain and suffering, and future rehabilitation costs.
• Level Playing Field: Insurance companies have teams of lawyers and adjusters working to protect their interests. Hiring a lawyer ensures that the injured party has equally strong representation.
• Improved Negotiation Outcomes: Our insurance claim lawyers are compelling negotiators who can effectively argue for higher settlements. We will leverage evidence and legal precedents to strengthen your position during negotiations and secure a large claim payment.
• Contingency Fee Basis: Our insurance claim lawyers work on a contingency fee basis, meaning they only get paid if the client wins the case. This arrangement makes legal representation accessible to those who can’t afford upfront legal fees.

Filing a car accident claim in Illinois involves numerous legal and logistical intricacies that can significantly impact the outcome of your case.

It’s easy to commit mistakes or miss crucial deadlines when dealing with insurance companies and their highly skilled lawyers, which is why hiring an experienced car accident lawyer is essential.

Legal intricacies of car accident claims include:

• Disputed Liability: Insurance companies or the other driver may dispute who is at fault for the accident. If liability is contested, it can delay the claim process, and an unfavorable decision may affect the settlement amount.
• Gathering Sufficient Evidence: The validity and strength of your evidence correlate to the success rate of your case. Evidence quickly disappears as each day passes by. It may weaken your case if you’re not quick enough to gather evidence.
• Insurance Policy Limits: The at-fault driver’s insurance policy may have insufficient limits to cover your damages, leaving you vulnerable to out-of-pocket expenses.
• Bad Faith Insurance Practices: Insurance companies may act in bad faith by delaying claims, underpaying, or denying valid claims without proper justification.
• Legal Deadlines: Illinois has a statute of limitations that sets a strict deadline for filing personal injury claims. You may lose the right to pursue compensation altogether if you miss this deadline.

As mentioned earlier, a good rule of thumb is to involve a lawyer when you encounter a questionable decision or a dispute with the insurance company.

Situations where hiring a lawyer is highly beneficial includes:

• When dealing with severe injuries
• Liability disputes
• Multiple involved parties
• Uninsured/underinsured motorists

When Dealing With Severe Injuries

Severe injuries often result in substantial medical bills, ongoing treatment, and rehabilitation costs.

A specialized lawyer representing policyholders can help calculate the full extent of these expenses and seek appropriate compensation.

They will also consider the long-term or permanent effects of the injuries, ensuring you receive fair compensation for your pain and suffering.

Liability Disputes

The state law requires the plaintiff to prove that the other party’s negligence caused the injuries in order to recover damages.

Insurance companies often try to shift blame and reduce payouts by denying or disputing liability.

An experienced lawyer will gather evidence, consult experts, and build a strong case that holds the negligent party accountable for their actions.

Multiple Involved Parties

Accidents involving multiple parties, such as multi-car collisions, can complicate the claims process.

A lawyer can navigate these complexities and ensure all liable parties are held accountable.

Uninsured/Underinsured Motorists

Accidents with uninsured or underinsured motorists might not be a covered loss, depending on your policy limits and coverage.

An experienced insurance lawyer can help you understand your avenues to recuperate losses.

Filing a car accident insurance claim in Illinois involves several detailed steps, from the initial assessment to potential litigation.

A comprehensive overview of the process and the lawyer’s pivotal role in each phase include:

• Right after the accident
• Filing the insurance claim
• Negotiation of settlements
• Litigation

Right After the Accident

A crucial point of this phase is to minimize the progression of your injuries, get as much evidence as possible, and file a claim with your insurance company.

Steps to take right after the accident includes:

• Call 911: If anyone is injured, call 911 immediately. Even if the injuries seem minor, it’s better to err on the side of caution and have medical professionals evaluate your condition.
• Document Evidence: Take pictures of the accident scene, including both vehicles’ damages and surrounding conditions. Also, make sure to gather contact information from all involved parties and any witnesses.
• File a Claim: Call your insurance company as soon as possible to start the claim process. Be sure to provide accurate information; however, avoid admitting fault or apologizing for anything at this stage.

Filing the Insurance Claim

Now comes the stage where the insurance company evaluates your claim and, ideally, offers a fair settlement.

A lawyer can help expedite this process by ensuring proper claim filing and avoiding common mistakes that could hurt your case.

Steps of filing the insurance claim includes:

• Get a Repair Cost Estimate: The insurance company will require an estimate of the entire repair process to assess the damages and determine an appropriate payout. A lawyer can help you obtain a fair estimate, especially if the repairs involve complex or expensive parts.
• Talk to Your Insurance Provider: Discuss your options with your insurance provider. Ask if a rental reimbursement is available to use a rental vehicle while yours is in the shop or if you can use their preferred auto body shop.
• Take the Settlement or Talk to a Lawyer: At this point, the company might offer a settlement, which you can accept or discuss with your lawyer about potential negotiations. Once you take a settlement, the claim is officially closed.

Negotiation of Settlements

When you decide to hire a lawyer, they will handle the communication with insurance companies and settlement negotiations.

Negotiation of settlements include:

• Investigation: The lawyer will assess all available evidence, review your medical records, consult experts if needed, and build a strong case.
• Demand Letter: Your lawyer might draft a demand letter outlining your damages and proposed compensation amount.
• Settlement Offers/Counteroffers: The insurance company might offer a settlement after receiving your demand letter. If it is unsatisfactory, your lawyer can negotiate on your behalf for a higher amount or suggest counteroffers until both parties agree.

Litigation

If negotiations fail to result in a satisfactory settlement, your lawyer might advise you to file a lawsuit.

Most lawyers only recommend this route if they believe you have a solid case and stand to gain more through litigation.

Litigation can include:

• Filing the Lawsuit: Your lawyer will file the lawsuit, which includes drafting a complaint outlining your claims, serving it to all involved parties, and scheduling court dates.
• Discovery Phase: During this phase, both sides exchange information and evidence (such as medical records, accident reports, and witness statements) in preparation for trial.
• Trial and Verdict: The jury or judge hears both sides of the case and reaches a verdict. If you win your case, the defendant must pay an amount determined by the court or negotiate a settlement.

If either party is unsatisfied with the verdict, they can appeal the decision to a higher court.

This process can be lengthy and costly, so having an experienced lawyer by your side is crucial to navigating this process.

Each state has its own laws governing car accident claims and insurance coverage.

In Illinois, there are three essential laws that significantly affect your car accident insurance claim.

The three essential laws include:

• Statute of Limitations
• Fault and Comparative Negligence
• Insurance Requirements

Statute of Limitations

The statute of limitations is when you must file a lawsuit following a car accident.

In Illinois:

• Personal Injury Claims: You have two years from the accident date to file a lawsuit.
• Property Damage Claims: You must file a property damage lawsuit five years from the accident date.

Failing to file within these time limits generally results in losing your right to seek compensation through the court system.

Fault and Comparative Negligence

Illinois follows a comparative negligence rule, which means that fault can be shared among parties involved in an accident.

The degree of fault affects the compensation by about 50%.

You can’t recover damages if you’re found to be more than 50% at fault.

In contrast, if you are 50% or less at fault, your compensation is reduced by your percentage of fault.

Insurance Requirements

Illinois law requires all drivers to carry a minimum amount of liability insurance upon vehicle registration.

Insurance requirements include:

• $25,000 for injury or death of one person
• $50,000 for injury or death of more than one person
• $20,000 for property damage

Was your insurance claim denied? Did the insurance company offer a low settlement?

The struggles of dealing with a car accident can be overwhelming and frustrating.

Without proper legal representation, you risk receiving a low settlement or having your claim denied altogether, but we can help you prevent this outcome from happening.

At TorHoerman Law, our skilled car accident lawyers have extensive experience handling insurance claims and negotiating fair settlements for our clients.

Our team will fight tirelessly on your behalf to ensure you receive the compensation you deserve.

If your insurance company won’t give you a fair claim, contact us today for a free consultation.

Our law firm has won millions for our clients’ car accident claims, and we can help you, too.

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