How Our Lawyers Handle an Allstate Injury Claim

Posted on April 15, 2024 in Car Accidents

Car and truck accidents frequently happen when other drivers violate traffic laws or drive irresponsibly. If you sustained injuries in a motor vehicle crash that resulted from driver negligence, our experienced legal team is here to help.

First, we can file a timely personal injury claim with the responsible driver’s insurance company on your behalf. In some instances, that insurance company might be Allstate.

Allstate can be extremely difficult when it comes to favorably resolving car and truck accident claims. In fact, Allstate adjusters often look for any excuse to try and deny liability for motor vehicle accidents or to significantly undervalue claims.

This approach helps Allstate limit its payouts to accident victims as much as possible.

Our knowledgeable motor vehicle accident lawyers in Phoenix are fully aware of the tricks and tactics that Allstate routinely uses to try and undermine car and truck accident claims.

We will advocate for you throughout the entire process and can aggressively negotiate with Allstate settlement adjusters on your behalf. Moreover, if Allstate refuses to offer you fair compensation, we can initiate legal proceedings in the court system and resolve your case efficiently.

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Types of Motor Vehicle Accidents that Lead to Injuries

Car and truck accidents can occur because of another driver’s negligence, which refers to actions or behaviors that deviate from the standard expected of a hypothetical reasonable driver.

Negligence can take various forms and may include speeding, distracted driving, reckless driving, drunk driving, failure to yield, tailgating, or disregarding traffic signals and signs.

When drivers engage in negligent behavior, they increase the risk of accidents and endanger their safety and that of others on the road.

Several types of collisions may occur as a result of another driver’s negligence:

• Rear-End Collisions – Rear-end collisions happen when the front of one vehicle crashes into the back of another vehicle. These accidents often occur due to distracted driving, following too closely, or sudden stops. Rear-end collisions can result in whiplash, back injuries, and other types of soft tissue injuries for the occupants of the vehicle that was struck.

• Head-On Collisions – Head-on collisions involve the front end of one vehicle crashing into the front end of another vehicle. These accidents are often severe and can result in catastrophic injuries or fatalities. Head-on collisions may occur due to speeding, reckless driving, impaired driving, or drivers crossing into oncoming traffic lanes.

• Side-Impact Collisions (T-Bone Collisions) – Side-impact collisions occur when the front or rear of one vehicle strikes the side of another. These accidents are common at intersections and can result from drivers running red lights or stop signs, failing to yield the right-of-way, or making improper turns. Side-impact collisions can also cause serious injuries, particularly to occupants on the side of the vehicle that was struck.

• Rollover Accidents – Rollover accidents involve a vehicle overturning fully or partially. These accidents often occur due to factors such as high speeds, sharp turns, or collisions with other obstacles or vehicles.

• Sideswipe Collisions – Sideswipe collisions occur when the sides of two vehicles make contact while traveling in the same direction. These accidents can happen when drivers drift out of their travel lane, change lanes without signaling, or fail to check their blind spots. Sideswipe collisions may result in minor damage or lead to more serious accidents if drivers lose control of their vehicles.

In all types of collisions, the consequences can be devastating, leading to injuries, property damage, and emotional trauma for those involved. By practicing safe driving habits and following traffic laws, drivers can help reduce the risk of accidents and keep others safe on area roadways.

Dealing with Allstate after a Motor Vehicle Accident

Our experienced car accident lawyers in Phoenix can play a crucial role in handling a claim with Allstate following your car or truck accident.

Specifically, here’s how we can assist in the process:

• Initial Consultation – The first step is to schedule an initial consultation with one of our car accident lawyers. During this meeting, we will review the accident details, including the circumstances leading up to the crash, the extent of your injuries, and any available evidence, such as police reports and medical records.

• Investigation – We will then conduct a thorough investigation into the accident to gather additional evidence to support your claim. This may include interviewing witnesses, obtaining surveillance footage, and hiring accident reconstruction experts to analyze the scene of the crash.

• Communication with Allstate – We will also handle all communications with the at-fault driver’s insurance company on your behalf. This includes submitting the initial claim, providing evidence of liability and damages, and negotiating a fair settlement.

• Documentation of Damages – We will ensure that all damages resulting from the accident are properly documented and accounted for in your personal injury claim. This may include medical expenses, lost income, property damage, pain and suffering, and other losses that you suffered.

• Negotiation – We will then aggressively negotiate with Allstate on your behalf to seek a fair and just settlement for your injuries and damages. This may involve multiple rounds of negotiation to reach an agreement that adequately compensates you for your losses.

• Litigation – If a fair settlement cannot be reached with Allstate through negotiation, we will be prepared to take your case to court and litigate on your behalf. This may involve filing a personal injury lawsuit and representing you during court proceedings, including pre-trial motions, depositions, and during a trial.

• Advocacy – Throughout the process, we will serve as a strong advocate for your legal rights and interests. We will work tirelessly to ensure that you recover the full compensation you deserve for your injuries and losses.

• Legal Guidance – We will provide you with legal guidance and advice at every stage of the process, explain your rights and options, answer any questions you may have, and help you make informed decisions about your case.

Motor Vehicle Accident Litigation

If Allstate refuses to offer you fair compensation for your accident-related losses, litigation may recover the full compensation you deserve.

Here are the most important steps involved in car and truck accident litigation:

• Filing a Timely Lawsuit in the Court System – If Allstate refuses to offer fair compensation through negotiation, the next step is to file a lawsuit against the at-fault party. The lawsuit is initiated by filing a complaint in the appropriate court, outlining the victim’s claims for damages.

• Discovery – Once the lawsuit is filed, both parties engage in the discovery process, during which they exchange information and evidence relevant to the case. This may include documents, witness statements, and expert reports.

• Depositions – Depositions are sworn statements given by parties and witnesses involved in the case. During a deposition, individuals answer questions under oath, and their responses can be used as evidence during trial.

• Pre-Trial Motions – Before the trial begins, the parties may file pre-trial motions to address legal issues or disputes that arise during the discovery process. These motions may seek to exclude certain evidence or arguments from being presented at trial.

• Settlement Negotiations – During the litigation process, negotiations may continue between the parties. Even after a lawsuit is filed, the parties may still reach a settlement agreement out of court. However, if a fair settlement cannot be reached, the case will proceed to trial.

• Trial – If the case goes to trial, both parties present their evidence and arguments to a judge or jury. The judge or jury will then make a decision based on all of the evidence presented – and the applicable law(s).

Throughout the litigation process, our personal injury lawyers can provide thorough guidance and representation, aggressively advocating for your legal rights and working to achieve a favorable outcome on your behalf.

With the help of our experienced attorneys, you can pursue the fair compensation you deserve to recover for your losses.

Recovering Compensation from Allstate after an Accident

Following a car or truck accident resulting from someone else’s negligence, accident victims may obtain compensation to help them recover from their losses.

Here are the main aspects of compensation available:

• Property Damage – Compensation for property damage covers the cost of replacing or repairing damaged vehicles, as well as any other property that sustained damage in the collision, such as personal belongings or infrastructure.

• Past and Anticipated Medical Expenses – Accident victims can recover compensation for past medical expenses incurred as a result of their accident, including emergency room visits, hospital stays, procedures, imaging studies (including X-rays and MRIs), medical appointments, medications, and physical therapy. Additionally, victims may be entitled to receive compensation for future expenses related to their ongoing medical care or physical therapy.

• Loss of Earnings – Compensation for loss of earnings reimburses accident victims for income or income lost due to their car or truck accident. This includes compensation for reduced work hours, missed work time, or the inability to work while attending medical visits and physical therapy appointments.

• Loss of Earning Capacity – In cases where car or truck accident victims cannot return to their previous level of employment – or are unable to work in the same capacity as before their accident (due to their injuries) – they may be entitled to compensation for lost earning capacity.

• Pain and Suffering – Compensation for pain and suffering is necessary to address the emotional anguish, discomfort, and physical pain that the accident victim experiences because of their injuries.

• Loss of Enjoyment of Life – This type of compensation acknowledges accident-related restrictions and limitations on the victim’s ability to interact with others and participate in sports, hobbies, and recreational pursuits that they enjoyed prior to their car or truck accident.

• Loss of Consortium – Spouses or family members of accident victims may be entitled to recover compensation for loss of consortium – or loss of companionship, affection, and support resulting from the accident victim’s injuries.

Our experienced motor vehicle accident attorneys will work hard to maximize the compensation you receive through your injuries – either through a favorable settlement offer from Allstate or a favorable litigation result in the court system.

We can accomplish this goal by highlighting the strengths of your medical records during settlement negotiations, downplaying any weaknesses, and, if necessary, threatening Allstate with personal injury litigation in court.

Contact a Motor Vehicle Accident Lawyer Near You Today

Car accident victims must act quickly. State laws set deadlines for filing personal injury lawsuits if necessary against Allstate policyholders.

While deadlines vary from state to state, the most common statute of limitations is two years from the accident date. If you miss this deadline, you can lose your right to recover damages for your injuries altogether.

If you find yourself dealing with Allstate following a car or truck accident, our attorneys can be of invaluable help throughout the process. We will fight for your legal interests during all settlement negotiations with Allstate or, if necessary, pursue a favorable litigation result at a jury trial or alternative dispute resolution (ADR) proceeding on your behalf.

Consultations are free, so never hesitate to contact us to discuss how we can assist with your Allstate claim today.