If you’ve been seriously injured in an accident and an insurance company fails to offer a fair settlement for your insurance claim, you may find yourself suing an insurance company after an accident to get the compensation you deserve.
The experienced personal injury attorneys at the law firm, The Kryder Law Group, LLC Accident and Injury Lawyers can answer your questions about what happens when you find yourself in this situation in Illinois and you need to seek maximum compensation from your insurance claims.
In this Article
Why Might I Sue an Insurance Company After an Accident?
If you’ve been seriously injured in an accident you may end up facing a denied insurance claim, an inadequate and delayed investigation by the insurance provider, or bad faith insurance claims with your insurance policy or a third-party insurance claim.
Some other examples of why you hold an insurance company accountable after an accident if they:
Deny your claim without a reasonable explanation
Delay processing of your claim
Offer you only a low ball settlement despite the severity of your injuries and property damage
Refuse to provide coverage for your medical expenses or other damages
Engage in bad faith practices, such as misrepresenting the facts of your case
Refuse to negotiate a fair settlement.
Types of Insurance Claims You May Have After an Accident
If you’ve been seriously injured in an accident, there could be several types of insurance policies that are relevant to your valid claim.
Depending on the medical insurance available to you, there may be claims against health insurance companies.
If you were injured by a negligent driver in a car accident there may be auto insurance claims with a vehicle insurance company.
If you were injured in someone’s home, there may be home insurance claims.
How Does the Lawsuit Process Work?
The lawsuit process starts with filing a complaint in court and providing notice to the insurance company of your intention to sue. From here, both parties engage in a process known as discovery where each side gathers evidence and prepares for trial.
The case can be decided through negotiations outside of court or at trial in front of a judge or jury in federal or state court.
What Is the Burden of Proof?
In order to win your case when we sue insurance companies, you must have evidence that proves the other party’s liability and negligence. You must provide proof that the accident was caused by another person’s negligence and that you suffered damages because of it. Testimony from witnesses, medical records, accident reports, and more may be used to accomplish this.
What Damages Can I Recover From an Insurance Company?
If you win your case against the insurance company, you may be entitled to a variety of damages depending on the specifics of your claim. These damages can include pain and suffering, emotional distress, your medical bills and expenses, lost wages, and more.
What Happens If You Sue an Insurance Company?
Often, insurance companies opt for “removing” a case to federal court, believing it offers fairer judgement and helpful litigation rules. Cases can be transferred there swiftly using diversity rules. Once moved, the case falls under a federal judge’s jurisdiction.
If it stays in state court, it may go to trial or settle out of court. If there is no settlement, this leads to a discovery period, involving evidence exchange and pre-trial activities. After the discovery phase, the case will proceed to trial and a jury (or judge if it is a bench trial) will decide the outcome.
When Suing an Insurance Company, What Is “Removal?”
Put simply, removal means quite literally taking a case that is pending in state court and “removing” it to the federal court. 28 U.S.C. § 1446 governs removal in a civil case. A common grounds for removal in personal injury cases is “diversity.”
What Does It Mean When an Insurance Company States the Grounds for Removal Are Based on “Diversity?”
The law that governs removal based on diversity is 28 U.S.C. § 1332. Diversity requires that the matter in question exceeds the sum or value of $75,000. The legal action must also be between citizens of different states, a citizen of a foreign country, or a foreign country itself. It is important to note that citizenship must be completely different on both sides.
Can I Sue the Insurance Company Myself?
When you hire an experienced personal injury attorney to represent you, it levels the playing field when suing an insurance company. Large insurance companies have a team of attorneys on their side, so it’s in your best interests to have your own legal representation.
Can I Sue My Own Insurance Company?
Yes, you can sue your own insurance company. This usually happens when they deny your claim or offer a settlement amount lower than you believe you’re entitled to under your policy’s terms.
How Long Do I Have to Sue an Insurance Company in Illinois?
In Illinois, you usually have two years from the date of the accident to file a lawsuit against an insurance company. This time frame is known as the statute of limitations.
What Kind of Lawyer Do I Need to Sue an Insurance Company?
You would typically need a personal injury lawyer or a lawyer who is well-versed in insurance law. These lawyers have specific experience dealing with insurance companies and are familiar with the insurance industry and the legal tactics these companies may employ.
What Can an Attorney Do to Help Me?
An experienced attorney can help you by:
Helping you understand the terms of your insurance policy
Gathering evidence to support your claim against your insurance providers
Negotiating with the insurance company on your behalf for a fair settlement
Preparing and filing all legal documents in a timely manner, avoiding costly mistakes
Representing you in court if necessary, ensuring your rights are protected and fighting for maximum compensation.
Contact The Kryder Law Group, LLC Accident and Injury Lawyers Today
We understand how frustrating it can be when insurance companies deny claims. If you’re struggling with an insurance company that has unjustly denied your claim, The Kryder Law Group, LLC Accident and Injury Lawyers can help.
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In a free consultation, we’ll review your case, identify potential legal strategies, and answer any questions you have. Furthermore, we operate on a contingency fee basis, meaning you don’t pay us a cent in attorney’s fees unless we win your case.
If you're struggling with an insurance company that has unjustly denied your claim, The Kryder Law Group, LLC can help.
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The Kryder Law Group, LLC Accident and Injury Lawyers, 134 North LaSalle St. Suite 1515 Chicago, IL 60602
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February 23rd, 2024
(312) 223-1700