If you’ve been seriously injured in an accident and the insurance company is not offering a fair settlement for your insurance claim, you may find yourself having to sue the insurance company to get the compensation you deserve. The experienced attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers can answer all of your questions about what happens when suing an insurance company after an accident. We have decades of experience representing seriously injured accident victims throughout Illinois and seeking maximum compensation in insurance claims for them.
In this Article
How Does the Lawsuit Process Work?
The lawsuit process begins with filing a complaint in court and providing notice to the insurance company of your intention to sue. From there, both parties engage in a process known as discovery, which is when each side gathers evidence and prepares for trial. The case can be decided through negotiations or a 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, you must have evidence that proves the other party’s liability and negligence. This means that you must provide proof that the accident was caused by another person’s negligence and that you suffered damages because of it. This may include testimony from witnesses, medical records, accident reports, and more.
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 case. These damages can include pain and suffering, emotional distress, medical expenses, lost wages, and more.
The experienced personal injury attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers can answer all of your questions about what happens when suing an insurance company after an accident. Contact us today for a free consultation to discuss your case. We will help ensure that you get the compensation you deserve from the insurance provider.
Examples of Why You May 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 claims with your insurance policy or a third-party insurance claim. Some other examples of why you may have to sue an insurance company after an accident if they:
Deny your claim without a reasonable explanation
Delay processing of your claim
Offer you only a lowball settlement despite the severity of your injuries and losses
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.
Insurance companies deny claims for many reasons, so it is important to make sure you have legal counsel on your side before you take legal action against insurance providers.
Types of Insurance Claims You May Have After an Accident
If you’ve been seriously injured in an accident, there may be several types of insurance policies that are relevant to your insurance claims. Experienced insurance claim attorneys will consider all of these options when assessing your case.
If you were injured in someone’s home, there may be home insurance claims.
No matter why you think you need to sue insurance companies after your accident, The Kryder Law Group, LLC Accident and Injury Lawyers can help. We understand the complexities of the legal system, insurance claims, and will work tirelessly to get you the compensation you need and deserve. We are ready to handle cases involving large insurance companies to seek maximum financial recovery for you. Contact us today for a free initial consultation to discuss your case and whether or not you need to sue an insurance company. We are here to help.
What Happens if You Sue an Insurance Company?
In many cases, insurance companies (the defendants) will try to remove to federal court because they think the judges will be fairer and that the rules will help facilitate their litigation strategy. In order to properly remove cases based on diversity, the defense must follow certain rules in a short amount of time. Once a case is properly removed, the state court will no longer hear the case. The case will now be pending in front of the federal judge in whatever district you currently reside.
If a case is not removed, it will remain in the state court. The case can proceed to trial or be resolved by way of settlement. If the parties are unable to reach a settlement, then the case will go through a discovery period which involves exchanging evidence by both sides, taking depositions and engaging in other pre-trial activities. After discovery, the case will proceed to trial and a jury (or judge if it is a bench trial) will decide the outcome.
The Kryder Law Group, LLC Accident and Injury Lawyers have experience suing insurance companies and can evaluate your claim to determine whether you have a strong case. Contact us today for a free consultation so that we can discuss your injuries and insurance claim. We are here to help.
Why Will an Insurance Company Take Your Case to Federal Court?
Some insurance companies believe that “removing” a case to federal court means they might get a better outcome there. In personal injury cases, venue (where your case will be heard) often plays an important role in your case. There can be a whole stage devoted to motion practice — whether or not a court has jurisdiction. Parties do this because some courts and venues are seen as “more favorable” to one party than the other.
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 federal court. 28 U.S.C. § 1446 governs removal in a civil case. Defendants need to file in the district court of the United States a notice of removal with a short statement of why the case will be removed to federal court. This needs to be done within thirty days once the defendant is served. Notice of the removal must be filed with the appropriate state court and all attorneys of record. Once the Notice of Removal is appropriately filed with the state court, the state court must take no further action in the case as it no longer has jurisdiction over the 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 controversy exceeds the sum or value of $75,000. The 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.
Example of Diversity
For example, an Illinois citizen sues a Delaware citizen and an Illinois citizen for $100,000. Here, the federal court will not accept removal because there is a plaintiff and defendant that share citizenship. Now, if it were an Illinois citizen suing a Delaware citizen for $100,000, then diversity would be proper. This concept is known as complete diversity.
The amount or matter in controversy is a loose and ambiguous term when it comes to diversity in personal injury cases. When evaluating whether removal was proper, the reviewing federal court will look to pleadings, the claimed ad damnum amount (meaning the amount for pain and suffering), and other factors at the time of removal.
Why Do Insurance Companies Remove Cases?
The defendant removes because it thinks the venue of a district court would be better for the case. This can be because a district court has access to a wider jury pool as well as fear of bias or prejudice. In Illinois, trial court judges face elections. Some insurance companies fear that these elections may sway or influence the judge’s rulings when it comes to an out-of-state corporation. This is despite the oath that judges will honor the law and the constitution.
On the contrary, district court judges hold the bench for life because they are appointed by the President and confirmed by the Senate. Insurance companies feel that this makes federal judges more immune to public backlash in controversial cases. Finally, in removal cases, federal procedural rules are used instead of state court cases.
Can I Sue the Insurance Company Myself?
Taking on a large insurance company by yourself can be overwhelming. It is highly recommended that you hire an experienced personal injury attorney to represent you and help even the playing field. Insurance companies have a team of attorneys on their side, so it’s in your best interests to do the same.
Get Help with Your Insurance Claims Today
An experienced lawyer will be able to evaluate your case, investigate your insurance claims, and determine whether filing a lawsuit against the insurance company is necessary or if negotiating a settlement outside of court will be more beneficial. Dealing with insurance claims for auto insurance companies, life insurance companies, or health insurance companies and negotiating on your own while you are trying to recover from a serious injury can end in a denied insurance claim.
Getting legal representation from The Kryder Law Group, LLC Accident and Injury Lawyers means you will have a team of lawyers on your side with the knowledge and resources to help you get the most out of your case. Contact us today for a free consultation. Our personal injury law firm is here for you every step of the way.
January 20th, 2023
(312) 223-1700 