What Do I Do If My Injury Claim Is Denied?
When your insurance company denies your personal injury claim, it can make your already difficult situation even more stressful. Anytime an insurer denies your claim, it’s worth looking into to make sure that both you and the insurer did everything possible to fight for your compensation.
Insurance policies and denials can be tricky, but consulting a Nashville personal injury lawyer can help you through this process. Let’s take a look at what your options are when your claim is denied and how a Tennessee personal injury attorney can help your case.
Clarify Why Your Claim was Denied
When your insurance company denies your personal injury claim, carefully examine the details of your insurance policy and the letter explaining your claim denial. In order to find out whether your denial is justified, you need to understand the terms of your policy. Your policy may contain specific exclusions, which would warrant your insurer denying your claim. Always compare the language and explanations in your denial to make sure they match up with the terms of your policy.
Other times, your claim denial may be more ambiguous, or it could even contain errors or incorrect information. If you are confused as to why your insurer denied your claim, contact them to request more information.
Your denial should have information about who to contact with your dispute, but certain insurers have additional measures when disputing your denials, such as requiring arbitration or another form of dispute resolution. Contacting a Nashville personal injury lawyer is wise if you are trying to dispute your denial, and it’s especially important before you go ahead with other forms of dispute resolution.
Personal injury claims require the utmost attention to detail. As they work alongside an insurance policy to ensure that all participants obtain compensation, several pieces of evidence are important to prove liability. A written explanation can help as well.
Taking Legal Action Against Your Insurer
If your insurer’s reply to your dispute is unsatisfactory or if you do not receive a response, a lawyer can help you understand your legal options. While you may be able to take legal action against your insurer for a variety of reasons, two common reasons that warrant legal action are Bad Faith and a breach of contract.
Insurance companies have a duty to their clients to treat them in good faith, fairly, and reasonably. If they deny a valid personal injury claim or fail to properly investigate your claim, they are acting in Bad Faith. If this is the case in your situation, your insurer may be liable for any distress they caused you and owe you for the original claim as well as for the punitive damages they caused you.
When you sign a policy with an insurer, you enter into a contract with them, and both you and your insurer are expected to uphold your end of the policy. If your personal injury claim is valid and your damages should be covered under your policy and your insurer still denies your claim, they are breaching their contract with you. In this case, the insurance company is also liable for compensating you for your original claim as well as for other damages they caused by denying your claim.
Speak With A Personal Injury Lawyer
When courts and personnel deny injury claims, consulting with a personal injury lawyer may be a wise decision. An insurance company may deny a claim for a variety of reasons, some of which may be legally invalid. A lawyer can review the denial, assess the legal merits of the injury claim, and determine if a personal injury lawsuit is warranted against the insurance company.
The lawyer may also be able to negotiate a settlement with the insurance company on your behalf. This can be beneficial if the injury claim was denied due to a technicality or other minor issue that can be easily resolved without going to court.
Additional Lawsuits
If the insurance company is unwilling to settle the personal injury claim, the personal injury attorney can file a lawsuit against the insurance company. This is usually the last resort when attempting to receive the compensation that is deserved. The personal injury attorney will review all of the evidence and arguments from both parties and present a case to the court.
No matter what the outcome, consulting with a personal injury attorney after an injury claim is denied is the best way to ensure that your rights are respected and that you get the compensation you deserve. By having a personal injury attorney review your injury claim, you can rest assured that you’re in good hands and that your injury claims will be taken seriously.
Pre-Existing Conditions
In some cases, insurance companies may deny claims even if the medical records and evidence of the pre-existing condition are provided. In this case, it is important to remain persistent and continue to pursue the claim. Consulting with a lawyer may also be beneficial in understanding the legal implications of appealing a claim due to pre-existing conditions.
In order to increase the chances of a successful appeal, it is important to provide as much medical evidence as possible. This includes any medical records, reports, or scans that can be used to prove that the pre-existing condition is unrelated to the injury or illness. Additionally, obtaining statements from medical professionals stating that the pre-existing condition is unrelated to the current injury can also be beneficial.
Pre-existing conditions can be a major obstacle to obtaining compensation from personal injury claims. However, with the right evidence and persistence, it is possible to successfully appeal a denial of a claim due to pre-existing conditions. By providing detailed medical records and evidence, you can increase your chances of obtaining the compensation you deserve.
Solution: Gather Additional Evidence And Resubmit To The Court
When an insurance company denies injury claims, it is important to gather additional evidence and resubmit it to the court. This is the best way to recover compensation for any physical, emotional, and financial damages. Evidence can include medical bills, proof of lost wages, photos of the injury, and witness statements. It is also important to review the insurance policy and make sure that the denial was not due to any policy exclusions.
Gathering additional evidence is a crucial step for those who have been denied injury compensation. It is important to provide as much evidence as possible to the court to prove that the injury was the result of the other party’s negligence. If the evidence is not sufficient, then it may be difficult to recover the necessary compensation. Evidence can include medical reports, witness testimonies, and other relevant documents.
Further Review Of Policy
It is important to review the insurance policy before submitting additional evidence to the court. Policy exclusions can be used to deny an injury claim, so it is important to make sure that the insurance company does not have a valid reason to deny the claim. If the policy excludes the injury, then it may be necessary to negotiate with the insurance company to secure the compensation.
Gathering additional evidence and resubmitting it to the court is the best way to ensure that an injury claim is not denied. By providing as much evidence as possible, it is possible to recover the necessary compensation and receive justice for the injury. It is also important to review the insurance policy to make sure that the claim is not being denied due to any policy exclusions.
Filing Appeals
Appealing insurance claims can be a difficult process, but it is not impossible. In some cases, insurance policies may deny injury claims for various reasons, such as lack of evidence or incorrect information. If you believe that your injury claim was incorrectly denied, you may want to consider appealing the decision.
The first step in appealing an insurance claim is to gather as much evidence as possible to support your case. This could include medical bills, photographs, and witness testimonies. Having this information can help you prove your injury claims to the insurance company. Additionally, consulting with a personal injury attorney can be beneficial in understanding the legal implications of appealing an insurance claim.
Gathering Info
Once you have gathered all the necessary information, the next step is to file an appeal with the insurance company. The appeals process can be lengthy, so it is important to be patient and remain persistent. If the insurance company denies your appeal, you may need to take your case to court in order to receive compensation for your injuries.
Appealing insurance claims can be a daunting task, but it is not impossible. Having the right evidence and an experienced attorney on your side can make the process much easier. Even if the insurance company continues to deny your injury claims, an appeal may still be successful if you can present a strong case to the court.
Contact a Nashville Personal Injury Lawyer
You can recover compensation with the proper attorneys and insurance coverage.
Disputing a personal injury claim denial can be a difficult and confusing pursuit. Mitch Grissim & Associates has been helping injury victims in the Nashville, TN area for over 30 years. Contact a Nashville personal injury lawyer at Mitch Grissim & Associates today so we can help you understand your legal options.
