Personal injury is a term used to describe the physical and emotional harms caused by accidents. If you’re a victim of such an incident caused by the conduct of another person, then their insurance company should compensate you for the suffering. Sometimes, though, the insurance company may reject the claim, leaving you to shoulder the resultant costs.
Causes of Declined Personal Injury Claims
Have you ever experienced an incident where the insurance firm declines a personal injury claim? Why is the insurer bailing out on you in your hour of need? Below, we expound on some of the reasons.
Lack of Evidence
Some of these personal injury cases are difficult to prove. Consider an instance where you get injured when working with a machine at work. Here, a couple of questions apply. Was the tool in optimal working condition? Were you conversant with the operation of the device? Were you wearing the required personal protective clothing? Were you operating the machine correctly?
You could have been doing everything right and yet got injured since the machine was faulty. In that case, it would be the employer’s fault for not maintaining the appliance properly. However, you may not be able to prove your allegation. The accused may insist that the machine was in the ideal state. So much can change in the moments after the accident. Perhaps the offending party erased the incriminating evidence, and the insurer decides your case is too dubious for compensation.
How long did it take for you to submit your claim? Some insurance companies have strict timelines that you must adhere to, which could be as narrow as 24 hours. A whole day may seem like long enough, but in those hours after an accident, everything is a blur. If you’re injured, then seeking treatment is the number one priority. Depending on your condition, it could be some time before you come to your senses, perhaps exceeding the claim period limit.
The solution here lies with the next of kin. If you encounter an injury, take the initiative and ask a family member to notify the insurance company right away.
Was the accident the result of a level of carelessness on your part? Let’s say you suffered from severe dog bites that caused you physical and emotional scars, and you’re suing the owner for damages. The insurance company will want to know the circumstances of the attack. Did the dog follow you to a public location, or were you trespassing? If you were on the owner’s property without authorization, this points to negligence on your part. Therefore, the insurance company may deny your claim.
Delay in Seeking Treatment
If you suffer from personal injury resulting from a road accident, medical malpractice, workplace accidents, slip and fall, product liability, and so on, you must seek treatment immediately. In the case of medical malpractice, you should seek help from a different facility to prove that the former caused you harm by not following the correct procedure.
If you do not go to a hospital right away, the insurer has every right to assume that the injuries were not serious. If it looks like you did so only as an afterthought, it does not help your case.
Insurance companies are only friendly when receiving your premiums. When it’s time for claims processing, they’ll not hesitate to strike your request out on the slightest technicality. Hire an experienced Fort Worth personal injury lawyer who will know how to navigate the loops. A settlement will not take away your pain. However, it will make your burden easier to bear.