When you’re grappling with the aftermath of an injury in Florida, encountering a denial from your insurance company can feel like a major setback. Often, an insurance settlement is the one thing you can look forward to to get out of a bad situation. While a denial is never fun, you do have options available to continue seeking compensation to get you back on your feet.
Understanding the Denial
Receiving a denial from your insurance company in the wake of a personal injury can be disheartening, but it’s essential to approach this situation with a clear mind. Your denial should contain clear information that clarifies why your claim was rejected. Most denial letters will cite issues with policy coverage limits or disputes over liability, but it is possible that the denial is based on a misunderstanding or incomplete information about the incident. However, given that this is more than likely your first time dealing with a denial of this manner, it is worth it to have a knowledgeable partner by your side.
Personal injury attorneys are adept at interpreting the often intricate language of insurance policies, enabling them to pinpoint areas where a denial may be unjust or unfounded. Moreover, personal injury attorneys bring a wealth of experience negotiating with insurance companies. They understand the tactics these companies may use to minimize payouts and are skilled in countering these strategies. Having an attorney represent you levels the playing field and gives you your best shot at receiving the full compensation you’re entitled to.
Q: What can an attorney do that I can’t?
While you can undoubtedly undertake some steps independently, there are specific legal strategies and actions best handled by a professional. For instance, if your case escalates to a lawsuit, their previous experience navigating the legal system, filing legal documents, and presenting cases effectively in court is invaluable. They also have experience in the discovery phase, where they can gather evidence, depose witnesses, and build a strong case on your behalf. Even before the courtroom, attorneys are skilled negotiators who can manage settlement discussions, ensuring that any agreement reached is in your best interest.
Legal Options and Strategies After Insurance Claim Denial
As we mentioned, it may be time to consider legal avenues if your personal injury claim is denied and you’ve exhausted internal appeal options. You may follow these steps in pursuing a lawsuit:
Filing a Complaint: A legal complaint outlines your claim, the facts of the case, and the damages you seek. The complaint sets the tone for your legal argument and notifies the insurance company formally of your intent to sue.
Discovery Phase: After the complaint is filed and the defendant responds, the discovery phase begins. Your attorney will use all available resources to find evidence to counteract the reasons laid out in your denial letter.
Pre-Trial Motions and Settlement Discussions: Before the trial, there may be various motions filed by either party to resolve specific issues. Simultaneously, settlement discussions might occur. Even after a trial begins, you still have the option of settling out of court.
Trial: During a trial, both sides present their evidence and arguments in front of a judge or jury. After both sides have made their case, the judge or jury will decide on the outcome.
Insurance denial claims that result in negotiations and court cases can be a long and arduous process. If you need help navigating denials of your insurance claim after an injury, call the team at Probinsky & Cole today.
