Posted by: Kemmy Law Firm
Fighting for a personal injury insurance settlement is hard enough without worrying about COVID-19 court closures. But you don’t have to worry too much. You can still recover a fair insurance settlement during the coronavirus pandemic. Courts have reduced their hours and are limiting in-person matters. However, with teleconferencing, e-filing, electronic signatures, and video mediation, your case can move forward.
The coronavirus has put many parts of our lives on hold. But that doesn’t mean you have to hit pause on your personal injury case. If someone caused you harm, like in a car accident, you have the right to try to hold them responsible. Waiting for the COVID-19 pandemic to end won’t help. Months from now, or a year down the road, the evidence in your case won’t be fresh.
Also, insurance companies require prompt notice of a potential claim. If another driver caused a car accident and your injuries, you need to inform your auto insurance provider promptly. You want to start your claim as soon as possible. An unreasonable delay might give an insurer a reason to deny your request or offer a low-ball settlement.
Much of what we do during a personal injury insurance claim is communicate by phone and email. Our experienced lawyers can still gather evidence, send documentation to the insurer, and start insurance settlement negotiations without meeting an insurance adjuster in person.
Insurance claims are uniquely suited to going on during the COVID-19 pandemic. We can order a copy of an accident report online or over the phone. You or other witnesses can send us photos or videos of the crash digitally. Your attorney can get witnesses’ statements through video conferences. We can even get copies of your medical records through email or fax.
If your car accident insurance claim is complex, then we can hire an accident reconstructionist and send them the information we need electronically. In fact, we can reach out to and hire various experts without meeting in person. If you need to give the insurer a statement or answer questions, we can set up a remote conference.
At the Kemmy Law Firm, we pride ourselves on being skilled litigators. We frequently take personal injury cases to trial when that’s what’s best for our clients.
What makes us strong trial attorneys also makes us very skilled negotiators. Because we treat every personal injury case like we’ll go to trial, we leave no stone unturned in searching for evidence and scrutinize the facts from every angle.
By the time we start negotiating your personal injury settlement, we know how much your case is really worth and why, which gives us a strong basis for our demands.
Thorough investigations, an understanding of your damages, and negotiation skills are three key reasons why you should work with a personal injury lawyer after an accident. Moving forward with an insurance claim without an attorney’s help and insight means the insurance company has the upper hand. It’s difficult to challenge the insurer’s conclusions if you didn’t investigate too. It’s hard to say your case is worth more if you don’t know the reason why or how to persuade the insurer.
Getting the best insurance settlement possible often means filing a personal injury lawsuit. Depending on your case, we might recommend forging ahead with settlement negotiations without filing. But there’s no need to avoid filing a lawsuit if that’s in your best interests. We can electronically file your complaint in Texas or New Mexico court and have the defendant served.
Don’t expect to go to court in person any time soon. Most Courts, like in Bexar County and Ector County, are holding non-essential hearings virtually, through platforms like Zoom, Google Meet, or PolyCom. We’ll go through discovery with the defendant remotely by e-filing our pleadings, faxing, emailing, or mailing documentation, and setting up video conference depositions and hearings. We can take full advantage of discovery without going to court.
Most personal injury cases settle, even after we file a lawsuit. That’s because, after discovery, we use mediation to negotiate a fair settlement.
Mediation is an out-of-court process during which both sides try to resolve the case under the guidance of a neutral third party, the mediator. Mediation traditionally happens in person, but we can use videoconferencing to meet with the other side and the mediator. If we’re able to reach a fair settlement through mediation, we’ll ask the judge to approve the insurance settlement and dismiss your case without ever going to the courthouse in person.
A lot of legal matters are on hold or have slowed down due to the COVID-19 pandemic, in part because Texas and New Mexico courts have drastically limited in-person hearings and delayed trials. But limited access to the courts doesn’t mean you shouldn’t negotiate the settlement you need right now.
We can handle your insurance claim and personal injury lawsuit virtually. Let us fight for the best outcome in your case, even during these strange times. Submit your information online or call (210) 735-2233 to set up your free, confidential consultation.
Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.
When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.