How Our Lawyers Handle an Allstate Injury Claim


Personal Injury Attorneys Blog

After an accident, you might need to file an insurance claim with Allstate.

Allstate is notorious for lowballing claims. Although it has a tagline, “You are in good hands with Allstate,” the American Association for Justice ranked it first among the ten worst insurance companies in the nation.

Our personal injury lawyers know all of Allstate’s strategies. They have years of experience forcing giant insurance companies to do the right thing.

This blog will explain how our lawyers handle an Allstate injury claim.

Assess Your Allstate Injury Claim: Our Lawyers’ Process

Allstate Injury ClaimIf you do not understand the value of your claim, do not expect Allstate to pay you what you deserve. They always put their interests first.

Valuing your claim does not only include costs of treatment and automobile expenses.

You may seek damages for other losses also, including:

  • Loss of income. You may recover damages for your income loss while recovering from injuries. If the injury affects your future earning capacity, you may recover damages for that.
  • Cost of living with a disability. An injury may cause a disability. Victims may recover damages that alter their lifestyles. They need to renovate their houses so they can use wheelchairs. Victims may seek reimbursement for the renovation.
  • Pain and suffering. This refers to discomfort, pain, and anguish caused to the victims due to injury. It also includes inconvenience and emotional trauma.

Allstate may not bring up these damages when calculating your claim. As every case requires a unique approach, the value of your claim depends on the facts of your case.

Our experienced lawyers know how to calculate the value of a claim. This not only gives us an idea of what victims deserve but also helps us counter Allstate’s devaluing claim arguments.

Dealing With Allstate’s Claim Adjuster: Tips From Our Experienced Attorneys

Once you report the accident to Allstate, it assigns your claim to an adjuster. The claim adjuster investigates your accident to determine whether their client’s liability.

If their client is at fault, how much is your claim worth?

During the investigation, claim adjusters use tactics like recorded statements and medical release authorizations to avoid or minimize Allstate’s liability.

Recorded Statements: Why You Should Let Our Lawyers Handle Them

Insurance representatives may call you and ask you to record your statement. If you reject their request, they may try to convince you that it would expedite the process. But it is not the case.

If you agree, they will inquire about every detail of your accident, including the events leading to your injuries.

They look for discrepancies in your statement. They can also interpret your communications in a way that can hurt your chances of receiving compensation. For example, telling them you are doing fine may hurt your chances.

Our lawyers handle these communications for our clients and avoid these tactics.

Medical Release Authorization: What You Need to Know Before Signing

Claim adjusters may try to convince you to sign a medical release form.

This gives them access to all your medical records. They can use this information to deny your claim.

They can use your medical history to prove that a pre-existing medical condition rather than an accident caused your injury. They would do anything to avoid paying you, even if they had to dig deep into your past.

Our lawyers deal with these requests for our clients and avoid giving them access to any irrelevant records.

Negotiating a Fair Settlement With Allstate: Our Winning Strategies

After the investigation, claim adjusters may offer you a settlement for your claim—usually far less than the correct value of your claim and based on a calculation by computer software called Colossus.

Based on the facts of the case, our lawyers may advise you to reject their original offer and make a counteroffer.

Claim adjusters either accept the counteroffer, negotiate, or refuse to settle.

If claim adjusters engage in settlement talks, our lawyers work with them to settle your claim for a fair value.

Filing a Lawsuit Against Allstate: When and How Our Lawyers Take Action

When Allstate will not settle your claim at fair value, our lawyer may advise you to file a lawsuit.

They will draft all necessary documents and file them with the court to initiate a lawsuit. The court notifies Allstate about the impending lawsuit and asks them to submit their response to the court.

After these steps, the lawsuit officially proceeds, starting with discovery. Both parties acquire crucial information and evidence to build their cases.

They gather:

  • The police report. It shows the narrative of police officers about the accident
  • Eyewitness testimony.
  • Medical records of the injury
  • Video footage from surveillance and traffic cameras

After discovery, our lawyers may again engage in negotiation talks with Allstate. The chances are high that Allstate will settle your claim at this stage because trials are expensive and time-consuming.

Our lawyer may proceed to trial if they cannot settle your claim at a fair value with Allstate. Filing a lawsuit may take more time, but sometimes it is the best way to get a favorable outcome.

Discuss Your Allstate Injury Claim Today: Our Legal Experts Are Here to Help

Walter H. Emroch - Virginia Personal Injury Attorney & Partner
Personal Injury Lawyer, Walter H. Emroch

Facing challenges in dealing with Allstate, our lawyers can help you decide your next steps, evaluate your case, and answer any of your questions.

Our lawyers know their tactics. They can help you avoid these pitfalls so you can focus on healing and walk away with fair compensation.