An unexpected injury throws life off script. Suddenly, you’re dealing with pain, medical appointments, and the shadow of mounting bills, all while potentially missing work. Then comes the insurance claim process, adding another layer of complexity when you’re least equipped to handle it. Dealing with any insurer presents challenges, but Farm Bureau, with its widespread presence in South Carolina, has its own unique challenges.
Handling a Farm Bureau injury claim effectively requires more than just filing paperwork; it demands a systematic approach, meticulously executed. At Joye Law Firm Injury Lawyers, our process is designed to build a robust case from day one, focusing on gathering facts, anticipating the insurer’s moves, and relentlessly pursuing the maximum compensation you deserve.
If an accident has left you injured and facing a Farm Bureau claim, contact Joye Law Firm Injury Lawyers at (888) 324-3100 to put our process to work for you.
Experience with Farm Bureau Claims
At Joye Law Firm, we don’t just claim to know how to handle cases involving Farm Bureau; we can give you real examples of people we have helped. From collisions where the at-fault driver carried a Farm Bureau policy to cases where we recovered Uninsured or Underinsured motorist coverage from our client’s own Farm Bureau policy, our attorneys have secured real-life-changing results for South Carolinians just like you.
On Highway 17 in Charleston, a driver was stopped in a turn lane waiting to turn left when another driver lost control of their truck and trailer, striking the victim’s vehicle, causing injuries to their right hand, back, neck, and shoulder. The victim contacted Joye Law Firm for help, and Attorney Milt Stratos rose to the occasion. Stratos recovered the entire policy limits from the at-fault driver’s $300,000 Farm Bureau liability policy.
In another case, Attorney Sydney Lynn represented a driver who suffered a serious neck injury after being T-boned by a red-light runner in Columbia. Attorney Lynn successfully secured a $135,000 settlement through the at-fault driver’s Farm Bureau liability policy.
We’ve also helped clients tap into their own UM/UIM coverage with Farm Bureau. In one case, a pedestrian crossing legally in Charleston was struck by a car and suffered a traumatic brain injury. The at-fault driver carried only South Carolina’s minimum liability limits of $25,000, far less than what was needed to cover life-long medical bills. Fortunately, our client had Underinsured Motorist (UIM) coverage through Farm Bureau, but the insurer did not readily agree to pay out the claim. Head of Litigation Mark Joye went to work and successfully negotiated an additional $130,000 settlement from the UIM policy.
If you’ve been injured and Farm Bureau is involved, don’t face them alone. Let Joye Law Firm’s experience work for you. Call us today for a free consultation.
The Initial Contact
Your first conversation with an insurance company sets the trajectory for the entire claim, so you have to get it right. When you contact Joye Law Firm about an injury involving Farm Bureau insurance, our initial focus is on establishing a clear understanding of the incident. We gather the core facts: how the injury occurred, the nature and extent of your injuries, details about your insurance policy, information about other parties involved, and any communications you’ve already had with Farm Bureau or its representatives. If your car accident occurred while you were on the job, we will also assign a dedicated workers’ compensation attorney and case manager to your file to ensure you receive all the benefits you’re entitled to under the law.
Our new client process is thorough. We want to know the time, date, and location of the incident, potential witnesses, and the immediate aftermath. Details about your injuries, including initial diagnoses and planned treatments, are noted. We’ll also inquire about the specific Farm Bureau entity involved, likely the South Carolina Farm Bureau Mutual Insurance Company, and the policy details pertinent to your claim.
Prompt action will help your case. South Carolina law imposes a strict time limit on filing personal injury lawsuits. Under S.C. Code Ann. § 15-3-530(5), most injury claims must be filed within three years from the date of the injury; however, some have even shorter limits. Delaying action risks losing your right to seek compensation permanently. Contacting us early allows maximum time to build the strongest case possible. This initial stage culminates in formally establishing the attorney-client relationship, allowing us to act on your behalf and begin the methodical work required.
Investigation and Evidence Assembly: Building the Framework
With the foundation laid, the next step involves a deep dive into the facts through rigorous investigation and evidence collection. Our lawyers methodically assemble every piece of documentation that supports your claim against Farm Bureau.
This phase includes:
- Official Reports: Obtaining all police accident reports or incident reports filed provides an official, contemporaneous account of the event.
- Witness Accounts: Identifying and interviewing witnesses secures firsthand perspectives that corroborate your version of events or provide additional details.
- Medical Documentation: This includes emergency room visits, hospital stays, doctor’s appointments, physical therapy sessions, diagnostic imaging (X-rays, MRIs), and bills. These records document the extent of your injuries, the treatment received, and the associated costs.
- Visual Evidence: Photographs and videos of the accident scene, property damage (vehicles, premises), and visible injuries serve as powerful visual proof. We encourage clients to take photos immediately, but when needed, we also revisit scenes and document damage ourselves.
- Financial Records: Proof of lost wages, repair estimates for damaged property, and receipts for any out-of-pocket expenses related to the injury (like prescription costs or travel for medical care) are gathered to substantiate economic losses.
For more complex cases, such as those involving severe injuries or disputed liability, we often engage external professionals. Accident reconstructionists analyze physical evidence to determine how an accident occurred. Medical specialists provide opinions on the long-term effects of injuries and future medical needs.
Understanding Farm Bureau: The Opponent’s Playbook
Building a strong case involves not only gathering evidence but also anticipating the approach of the opposing party. South Carolina Farm Bureau Mutual Insurance Company, like any insurer, operates with the goal of minimizing payouts.
Farm Bureau adjusters may employ several tactics:
- Requesting Recorded Statements: Adjusters frequently ask for a recorded statement soon after an accident. While seeming routine, these statements can be used against you. An innocent remark, taken out of context, might be interpreted as admitting fault or downplaying injuries. We generally advise clients against providing recorded statements without legal counsel present. We handle communications with the adjuster to protect your rights.
- Offering Quick, Low Settlements: Especially in seemingly straightforward cases, Farm Bureau might offer a quick settlement. These initial offers rarely reflect the true value of the claim, particularly if future medical treatment or long-term effects are possible. Accepting prematurely forfeits your right to seek further compensation, even if your condition worsens.
- Disputing Liability: The adjuster might contest that their insured party was at fault or argue that you share responsibility for the accident. Under South Carolina’s comparative negligence law (C. Code Ann. § 15-38-15), if you are found 51% or more at fault, you cannot recover any damages. Even being assigned partial fault can reduce your potential recovery. We vigorously challenge unfounded attempts to shift blame.
- Questioning Injury Severity or Treatment Necessity: The insurer may argue that your injuries aren’t as severe as claimed or that certain medical treatments were unnecessary. They might scrutinize your medical history for pre-existing conditions they can blame for your current pain.
Calculating Damages
A successful Farm Bureau injury claim requires a comprehensive assessment of all damages you have suffered due to the injury. Under South Carolina law, injured parties are entitled to seek compensation for various types of harm, broadly categorized as economic and non-economic damages.
Economic Damages: These represent tangible financial losses directly resulting from the injury. Our process involves:
- Compiling Medical Expenses: Gathering every bill related to your treatment: hospital stays, surgeries, doctor visits, physical therapy, medications, assistive devices, and anticipated future medical care costs.
- Calculating Lost Income: Documenting wages lost due to time off work during recovery. If the injury impacts your long-term ability to earn, we may work with vocational experts to calculate diminished future earning capacity.
- Assessing Property Damage: Including the cost to repair or replace damaged property, such as a vehicle in a car accident.
- Tracking Other Out-of-Pocket Costs: Cataloging related expenses like travel for medical appointments or necessary home modifications.
Non-Economic Damages: These compensate for intangible harms, which, though harder to quantify, are genuine consequences of the injury. South Carolina law permits recovery for:
- Pain and Suffering: Compensation for the physical pain and emotional distress endured.
- Mental Anguish: Acknowledging psychological impacts like anxiety, depression, or PTSD resulting from the trauma.
- Loss of Enjoyment of Life: Recognizing how the injury has diminished your ability to participate in activities and hobbies you previously enjoyed.
- Permanent Impairment or Disfigurement: Addressing lasting physical limitations or scarring.
- Punitive Damages: Only available in certain circumstances, these are cash awards paid to victims to discourage and punish the defendant’s bad behavior.
The Demand Package and Negotiation
The next step is to formally present your claim to Farm Bureau. This is accomplished through a comprehensive demand package.
The demand package typically includes:
- A detailed narrative of the accident and how it occurred, establishing liability.
- A thorough description of your injuries, supported by medical records and physician statements.
- Copies of all relevant evidence: police reports, witness statements, photographs, etc.
- A complete breakdown of economic damages, including medical bills, lost wage documentation, and property damage estimates.
- A reasoned argument for non-economic damages, explaining the impact on your quality of life.
- A specific monetary demand for settlement.
Submitting the demand package initiates the negotiation phase. The Farm Bureau adjuster will review the package and respond, usually with a counteroffer or questions. Negotiation is a strategic back-and-forth process. Our lawyers leverage their knowledge of South Carolina law, similar case outcomes, and the strengths of your specific evidence. Our approach is firm, advocating forcefully for the full value identified in our damage calculations, while maintaining professionalism. We keep you informed at every stage, discussing offers and counteroffers, and providing guidance so you can make informed decisions about settlement. The goal is to reach a fair resolution without resorting to litigation, but to always be prepared for that possibility if Farm Bureau refuses to offer adequate compensation.
Addressing Challenges & Overcoming Roadblocks
While the negotiation process aims for a fair settlement, insurance companies like Farm Bureau are known for creating difficult roadblocks to delay or outright deny claims. Our systematic approach anticipates these challenges and prepares strategies to overcome them, ensuring your claim stays on track.
Common hurdles include:
- Liability Disputes: Farm Bureau might deny that their insured was at fault or allege you contributed significantly to the incident. We counter liability disputes by presenting compelling evidence, including witness testimony, accident reports, and expert analysis, demonstrating the other party’s fault and minimizing any potential fault attributed to you.
- Disputes Over Injuries/Treatment: The adjuster may question the connection between the accident and your injuries, claim your injuries are exaggerated, or argue certain medical treatments were unnecessary. We combat this with robust medical evidence, including detailed physician reports explaining the causation, necessity of treatment, and prognosis.
- Uninsured/Underinsured Motorist (UM/UIM) Complexities: If the at-fault party lacked insurance (UM claim) or had insufficient coverage for your damages (UIM claim), you may need to file against your own Farm Bureau policy. In South Carolina law, UM coverage is required in the same amount as the state minimum liability coverage (C. Code Ann. § 38-77-150). While UIM coverage is not required, insurers must make a meaningful offer for coverage anytime the terms of the policy are updated (S.C. Code Ann. § 38-77-160). We ensure compliance with all legal requirements (like serving the insurer if a lawsuit against the at-fault driver is filed) to preserve your right to recover under your own policy. In some cases, we have been able to recover UIM coverage even when a client lacked a policy, due to mistakes in paperwork or bad faith by the insurer.
Litigation: When Negotiation Isn’t Enough
The goal is always to secure fair compensation through negotiation, avoiding the time and expense of court. However, if Farm Bureau refuses to make a reasonable settlement offer despite the evidence presented, filing a lawsuit becomes the necessary next step. This transitions the claim from an administrative negotiation to formal legal proceedings.
Initiating litigation involves filing a summons and complaint with the appropriate South Carolina court. This document formally outlines your legal claims against the at-fault party (and potentially Farm Bureau directly in UM/UIM cases) and specifies the damages we’re seeking on your behalf. Once filed and served on the defendant(s), the litigation process unfolds through several stages:
- Discovery: This is the formal fact-finding phase where both sides exchange information. Tools include:
- Interrogatories: Written questions the opposing party must answer under oath.
- Requests for Production: Demands for documents, records, and other tangible evidence.
- Depositions: Oral testimony given under oath by parties, witnesses, and experts, recorded by a court reporter.
- Motions: Attorneys may file various motions asking the court to rule on legal issues, admit or exclude evidence, or even dismiss parts of the case.
- Mediation: South Carolina courts often require parties to attempt mediation, a structured negotiation facilitated by a neutral third party, before a case can proceed to trial. Many cases settle during or shortly after mediation.
- Trial: If no settlement is reached, the case proceeds to trial, where evidence is presented to a judge or jury, who will ultimately decide the outcome.
Settlement or Trial: Reaching Resolution
The culmination of the claims process, whether through negotiation or litigation, is a resolution either by a settlement agreement or a court verdict at trial. Many injury claims, even those where a lawsuit has been filed, ultimately settle before reaching a trial. Farm Bureau may become more willing to offer a fair settlement as the trial date approaches and the risks and costs of litigation increase.
When a settlement offer is made at any stage, we thoroughly review it with you, explaining the terms and comparing it to the calculated value of your claim and the potential risks and rewards of going to trial. The decision to accept a settlement always rests with you, armed with our informed guidance.
If a settlement cannot be reached, the case proceeds to trial. Preparation involves organizing evidence, preparing witnesses, and developing a clear and persuasive presentation for the judge or jury. Unlike some attorneys who never see the inside of a courtroom, our attorneys possess the trial experience to effectively present your case, cross-examine opposing witnesses, and argue the legal points supporting your claim against Farm Bureau.
Once a resolution is achieved, either through a settlement or a favorable verdict, the final step involves concluding the claim. This includes:
- Formalizing the settlement agreement or judgment.
- Receiving the funds from Farm Bureau.
- Satisfying any outstanding liens against the recovery (such as those from health insurers or medical providers).
- Disbursing the net proceeds to you.
Secure Your Resolution Against Farm Bureau
At Joye Law Firm, we implement our trial-tested system for every client, providing clarity and strength throughout the claims process.
Don’t face Farm Bureau alone. Let our dedicated process work for you. Call Joye Law Firm today at (888) 324-3100.