After an accident, the insurance claim process can be complicated and difficult to resolve. It is difficult to navigate the insurance claim process when you have injuries to heal and are not in the best of moods due to the effects of an accident. The insurance companies know this and will do everything they can to make you settle for less than you deserve.
You need to hire a personal injury lawyer after any accident. This will protect your rights and ensure that the insurance company is fair. You can avoid dealing with pressure tactics from insurance adjusters and endless paperwork by getting legal representation immediately after an accident. An Indianapolis personal injury lawyer can assist you following an accident.
Why Insurance Agencies Are Involved with Personal Injury Claims
Insurance policies are purchased by individuals and businesses to cover them against liabilities that could lead to a claim for personal injury. You will file a claim to the insurance company of the party who caused you injury. The insurer’s role is to pay a claim in accordance with the policy taken out by the other party. Insurers try to avoid paying claims that are in line with the type of injury sustained, the medical bills and the cost of replacing a car or repairing damage.
This can make filing for compensation more difficult than necessary. To reach a fair settlement, you’ll need to use the assistance of an attorney who specializes in personal injury law to negotiate on your behalf with the insurance company.
What an insurance adjuster wants you to do if they pressure you into accepting their settlement offer
Insurance adjusters are representatives of insurance companies and will be the one you work with once you have filed your claim. They will likely be polite and friendly with you, but are not acting on your behalf. The adjuster is working for the company they work for, which limits what settlements they can offer. Adjusters are trained to press accident victims to settle quickly and for less than they deserve.
Insurance adjusters want you to sign a contract accepting the settlement money and to prevent you from hiring a personal injury attorney. The adjuster knows that you are likely to have a confused mind after an accident and will not be able to think clearly. This means that the adjuster will contact you as soon after an accident as possible to try and take advantage of any lack of clarity.
Why You Should Contact a Lawyer Following an Injury or Accident
By retaining legal counsel, you can stop the aggressive tactics of an insurance adjuster. You are relieved of the responsibility of negotiating with insurance companies and obtaining a settlement that is more suitable to your needs. Personal injury lawyers will take over the communications with the insurance companies and begin a negotiation to increase the settlement amount needed to make the client whole. If the insurance company does not negotiate in good faith, or tries to extend the statute of limitation, an attorney can bring court proceedings for you.
A personal injury attorney can help you protect your rights as a victim of an accident and let the insurance company know that you will not accept a lowball settlement offer. A lawyer can take action to force your insurer to negotiate and cooperate in good faith.
Comparative negligence is one of the laws that complicate Indiana personal injury cases. Code SS34-51-2-6, a state statute, modifies compensation amounts for accidents based on how much both parties are responsible for the accident. Liability is determined by a 50/50 ratio. If you are more than half responsible for an accident, the court cannot award compensation for injuries or property damages.
You were awarded $50,000 for personal injury, but you were found to have a 5% fault in the accident. You will receive $47,500 in compensation instead of the $2,500 you were awarded. It is for this reason that retaining an attorney is crucial in a personal injury claim. They can make an argument to reduce your percentage of liability and increase your award.
How to Calculate a Settlement Amount
The formula is used to calculate the settlement amount based on your losses after an accident. The formula is based on multiplying tangible costs (medical bills and property replacement costs) by intangibles (pain and discomfort) and loss of income. The number that is derived from this formula can be used to make an offer of settlement with the insurance company.
Most likely, you won’t receive the full amount requested by the insurance company. However, it is more likely that you will get a higher settlement than what the insurer offered. A lawyer will negotiate on your behalf to obtain a larger settlement. This includes the facts surrounding the accident, the percentage you are responsible for the collision, if applicable, as well as the negligence of the person who caused the accident.
Why your case may go to court
After you retain legal counsel to handle your personal injury claim, the settlement process can slow down significantly. Insurers may delay the settlement process by extending the statute of limitation and preventing your lawyer from filing the case in court. Personal injury lawyers are well-versed in the tricks that insurers use to delay settlements and are prepared to take their case to court if necessary.
Find a Personal Injury Attorney in Indiana
Contact the Law Office of Stephenson Rife LLP to schedule a consultation today with a personal accident lawyer to stop the insurance company trying to take advantage. We can help you receive the compensation that you deserve to recover from your injuries.
We are able to handle most incidents that cause bodily injury or death and will work hard to ensure you receive the compensation you deserve. Our Indiana personal injury lawyers have worked for over 30 years on behalf of injured people and their families. We are ready to assist you.
The article Dealing With Insurance Companies: How a Personal Injury Attorney in Indianapolis Can Help first appeared on Attorney at Law Magazine.