Top Reasons For Personal Injury Claim Denials
Unfortunately, an insurance company can deny even a valid personal injury claim. This is especially likely to occur if you decide to handle your case alone. For this reason, it is best to hire an attorney to help you with your personal injury case. As personal injury attorneys with years of experience, we have seen many personal injury claims denied. Below, we discuss some of the top reasons insurance companies deny personal injury claims;
Lack of Evidence
When you file a personal injury claim, the burden of proof lies on you. You are required to prove that the insured is responsible for your accident and injuries. To prove this, you need evidence such as police reports, witness testimonies, pictures and videos, and medical records. The insurance company may deny your personal injury claim if you do not provide sufficient evidence to prove liability. Hiring a personal injury lawyer ASAP after suffering an injury can ensure the appropriate evidence is gathered and preserved.
Delay in Medical Treatment
Many personal injury claims are denied because the plaintiff failed to seek medical attention immediately after the accident. You need to seek prompt medical attention after an accident. However, delaying getting treatment for your injury is not reason enough for the insurance company to deny your claim.
Pre-existing Injuries
If a pre-existing injury was aggravated or worsened in an accident, you have the right to recover compensation. If you suffered an injury on a part where you have a pre-existing injury, you have the right to recover compensation. However, proving that an accident worsened your pre-existing injury can be hard. It can be challenging to prove that the accident was the cause of your injury when you have a pre-existing injury. And if you can’t prove your case, you can’t recover compensation. A qualified personal injury lawyer can work with you to determine if an injury is related to your accident. An attorney can help you prove that you deserve compensation despite having a pre-existing injury.
Comparative Negligence
If the insurance company finds out that you contributed to your accident in any way, it may deny your personal injury claim. However, just because you are also to blame for your accident does not mean you don’t have a compensable claim. A skilled personal injury attorney can work to assign the proper amount of liability to you and the other party and ensure you recover the compensation you are entitled to. According to Florida’s comparative negligence rule, if a plaintiff is partly to blame for their accident, they should not be barred from recovering compensation. Instead, the damages they recover should be reduced by their percentage of fault.
Statute of Limitations
There is a time limit for filing a personal injury claim. If you fail to file your personal injury claim within the statute of limitation, your claim may be denied. That is why hiring an attorney as early as possible is crucial.
Contact Us for Legal Help
Our Miami personal injury attorneys at The Pendas Law Firm can help you with your personal injury claim. We have years of experience dealing with insurance companies. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Jacksonville, Tampa, Orlando, Ocala, Fort Myers, Fort Lauderdale, Bradenton, Daytona Beach, and West Palm Beach areas.
