A catastrophic injury can be serious and affect all areas of your life. Expensive medical bills, the inability to go to work, and many other damages can cause serious financial strain on your family. You can hold the negligent party liable for your catastrophic injury after an accident and file a catastrophic insurance claim. But what to do when your insurance claim is denied?
It is not uncommon for the insurance company and the negligent party to refuse your claim. They do everything to minimize their burden and your compensation amount. However, with the right steps and the support of an experienced personal injury lawyer, you can get through the process smoothly.
Here’s how to handle a denied catastrophic injury insurance claim.
How to Handle a Denied Catastrophic Injury Insurance Claim
Catastrophic injuries can have a very negative effect on a person’s daily life. The most common types include paralysis, spinal trauma, broken bones and fractures, crush injuries to organs and bones, traumatic brain injury and concussions, loss of limbs and appendages, traumatic burns and skin damage, etc. These injuries and many others can cause terrible complications in a person’s health and ability to live their lives.
The victim is entitled to compensation when someone else’s negligence caused the catastrophic injury. But it can be challenging, and the negligent party’s insurance company can refuse your claim. Although accompanying yourself with a personal injury attorney can help smooth the process, the best is to understand why insurance companies deny catastrophic injury claims to know how to handle it.
Why Would the At-Fault Party’s Insurance Company Deny Your Catastrophic Injury Insurance Claim?
Catastrophic injury resulting from a serious car accident that was someone else’s fault gives the victim the right to hold the other party responsible and receive compensation. There are a ton of medical bills and a loss of wages due to the severity of the injuries sustained. Getting compensation from the negligent party’s insurance company should feel free from jumping through hoops. However, sometimes the victims are faced with an army of questions.
Insurance companies try their best to avoid ending up paying their money. So they will pull out all the tricks to keep your money or limit the amount they have to pay. Many companies even outright deny the victims’ legitimate insurance claims.
Understanding why insurance companies do this is important to fight their tactics. This understanding can help you get fair compensation.
Not Filing a Claim On Time
One of the main reasons insurance companies can deny the victim’s claim is when the latter fails to file the claim on time.
Filing your claim quickly after the accident helps. You will only have a little time. There’s a strict time limit, often called reasonable time, to file a personal injury claim, after which the insurance companies may deny it. This reasonable time may differ from policy to policy, and the insurance companies use it to deny your claim under the bad faith tactic.
You Do Not Have a Personal Injury Lawyer Representing You
Be prepared to be taken advantage of by insurance companies if you file your claim without an attorney representing you. They will take advantage of your lack of knowledge of your legal rights while using you as a weapon. An experienced lawyer in catastrophic injuries can help you seek the compensation you deserve and is prepared to help if the other party denies your claim.
Insurance companies’ tactics are to bury you in financial pressure. This is their attempt to pressure you into accepting their first low offer. However, accompanying yourself with an experienced personal injury attorney ensures your claim is handled how it deserves.
Liability and Fault Disputes
Insurance companies will look for any reason to deny a personal injury claim. However, there are times when the denial has nothing to do with coverage but with the circumstances of the accident.
Lack of Evidence to Establish Guilt
Clear evidence that the other party is responsible for your injuries is necessary for the insurer to agree to pay. With any indication that their client is at fault, the insurer will deny your claim.
Claims may also be denied if the evidence shows that the policyholder is not solely at fault for an accident. In Nevada, anyone contributing to an accident may be liable for any resulting injuries. Therefore, insurance companies will carefully investigate your accident to determine if you or someone else contributed. If evidence shows that more than one person is at fault, an insurer will likely deny your claim for benefits. A personal injury in Nevada can get you what is right for you.
Proof of Contested Injury
Sometimes the victim fails to provide substantial proof that their catastrophic injuries result from the incident. The insurance company can outright deny your claim if you fail to provide sufficient evidence to support the claims.
You can have the insurer try to deny the claim because it discovers that your injuries were due to a previous accident or that your negligent conduct made the injuries worse. Therefore, ensure that the evidence from your accident is provided as proof.
The Extent of Injury Dispute
Your claim can potentially be challenged if you fail to prove the extent of your injuries. The insurance company may say that you are exaggerating the claim. In the insurer’s opinion, this is not the type of injury that usually results from the accident you suffered.
Detailed information, including medical reports and evaluations, supports your compensation claim. Furthermore, providing clear and direct evidence is essential to establish that all your injuries resulted from the accident.
Whatever the case, the best is to hire a personal injury attorney near you who is well-versed in your state law and is experienced in handling such personal injury cases.
Looking for a Personal Injury Attorney in Nevada?
If you’ve suffered a catastrophic injury in an accident in Nevada, and are looking for an expert personal injury attorney to file your claim, contact the Bourassa Law Group. We are a leading law firm in Nevada with an expert team experienced in dealing with personal injury cases.
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