Esurance is a subsidiary of Allstate; together they are the nation’s sixth-largest auto insurer. Although it is certainly a good idea to be able to rely on an insurance company in case you are injured in an accident, the insurance industry is plagued by an inherent conflict of interest – the more claims they pay out to people like you, the less they profit from receiving premiums.
This conflict of interest exists whether you are claiming against your own Esurance policy or asserting a third-party claim against another motorist’s Esurance policy. For this reason, you can expect Esurance to resist any substantial claim that you might assert. To maximize your chances of receiving full compensation, you will need the services of an experienced personal injury attorney. At Malman Law, we’ve got your back. We have recovered over $200 million in personal injury verdicts and settlements for over 20,000 clients over the last 25 years. We understand that in the aftermath of a serious accident, recovering your health needs to be your main concern, not paying your medical bills or making up lost earnings. Of course, the ideal scenario would have you receiving a fully adequate out-of-court settlement within a few weeks after the accident, and that is exactly the goal we will pursue when we begin negotiating with Esurance. In fact, we are able to secure a settlement the vast majority of the time. When the defendant is stubborn, however, we are willing to take the matter to court rather than settle for inadequate compensation. Our track record of successful personal injury lawsuits, ironically, is exactly what prompts companies like Esurance to raise their settlement offer to an acceptable level, rather than face us in court. As always, however, the final decision on whether to accept a settlement will be up to you. “Two years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet.” – Malman Law client
The reason why you are seeking compensation from Esurance might be the same reason why you might be reluctant to retain a top-tier personal injury law firm like Malman Law to help you collect it – you are under financial pressure.
Yes you can under certain circumstances, but most verdicts do not include an award of punitive damages. To win a punitive damages claim, the defendant’s conduct must be particularly culpable – mere negligence won’t do. A drunken driving case, for example, or a “road rage” incident in which the defendant caused the accident intentionally, might qualify for punitive damages.
These two claims arise in a similar manner – when someone injures the victim through culpable conduct (negligence, for example). If the victim lives through the injury, he or she has a personal injury claim. If he or she dies, the personal representative of the probate estate has a wrongful death claim. Typically, most of the damages in a wrongful death claim are distributed to close relatives of the victim for loss of companionship, grief, loss of financial support, and other losses. The victim’s estate can recover expenses such as funeral expenses if it initially paid them.
You can, if your claim is very small. If it is substantial, however, negotiating with insurance company executives who negotiate claims for a living isn’t a particularly good idea. Imagine being pressed to identify the exact time of an auto accident, only to find out later that the insurance company is now claiming that you caused the accident by taking your eyes off the road to check the time.
The Illinois Court of Claims Act governs personal injury claims against the government. Your options are more limited in a claim against the government than when claiming against a private party. Some of these limitations include:
If you are filing a claim against your own insurance policy, you may be required to do this. If you are filing a third-party claim against the defendant’s insurance policy, you probably won’t have to. In any case, your accident and injury lawyer should approve any statement before you file it.
At the very least, you should collect:
You may need to collect other evidence, as well.
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim