If you’re reading this article, it’s likely because you’ve suffered a personal injury due to someone else’s actions or negligence, and you’re wondering if you might be able to receive financial compensation. Although many people only think of car accidents when they talk about personal injury claims, several types of cases could qualify you to receive monetary compensation for personal injury claims, including traffic collisions, slip and fall accidents, medical malpractice, dog bites, product liability, workplace accidents, and all types of vehicular accidents.
Understanding the role of insurance companies in personal injury claims is important since they are usually primarily responsible for compensating those who have suffered loss, damages, or injury covered under their policies. The information below outlines how insurers assess claims, negotiate settlements, and minimize payouts. Dealing with insurance companies alone can be daunting, especially while recovering from injuries and losses.
It’s never a bad idea to consult with a reputable personal injury lawyer, like the ones at Warren Allen LLC, who can assess the strength of your case, work with the insurance company on your behalf, and represent you in court if you’re not able to reach a fair settlement.
What Types of Losses or Damages Might be Covered?
Before moving forward with a personal injury claim, it’s helpful to understand what types of losses insurance companies will cover. Generally speaking, you can receive compensation for:
- Expenses related to medical care (e.g., hospital stays, rehabilitation, prescription medication, etc.)
- Lost wages if you are unable to work because of related injuries
- Pain and suffering, including stress, depression, anxiety, sleeplessness, loss of joy, emotional distress, etc.
- Property damage
Assessing Personal Injury Claims
When you file a personal injury claim, the first step for the insurance company is to assign an insurance adjuster to assess your claim by determining the percentage of fault for all parties involved, the extent and severity of your injury or other damages, and how much your claim is worth.
First, the insurance adjuster will review the insurance policy of the person at fault to ensure your accident or incident is covered. Next, they will gather evidence such as witness statements, photographs, police reports, medical records, repair bills, and, in some cases, expert opinions. This evidence helps them understand the extent of the damages and severity of your injuries, including how much your life has been impacted.
Putting all this information together, most insurance adjusters have a formula they follow to calculate the maximum amount the insurance company is obligated to pay based on the policy limits in question. Pain and suffering compensation is often more complex, but formulas are also available to help calculate those amounts.
Denying Personal Injury Claims
Insurance companies sometimes deny your personal injury claim outright for several reasons. The insurance adjuster might conclude from their investigation that there is insufficient evidence to support your claim or that you were somehow at fault for the incident. There might be discrepancies in your account of the incident and other witness statements or evidence. Your doctor might have included notes in your medical records indicating that your injuries are not as severe as you have claimed.
It’s crucial never to exaggerate, attempt to mislead, or misrepresent facts to bolster your case. However, if you feel the evidence has been manipulated or presented incorrectly, you should speak with a personal injury attorney.
In some cases, depending on the laws in your state, the insurance company could deny or reduce your claim if you are found to be partially at fault, primarily through negligence or reckless behavior.
Negotiating Settlements
Remember that most insurance companies prefer to settle claims quickly, efficiently, and at minimal cost to them. In many cases, insurance adjusters will initially offer lower settlement amounts than you could expect. If you do not accept the initial offer, the insurance company will begin a negotiation process to arrive at an agreeable settlement.
When negotiating with an insurance company, do not sign documents, provide statements, or allow conversations to be recorded without consulting a personal injury attorney.
Provide accurate and truthful information but only what pertains to the claim. If you share too much information or speculate about the circumstances surrounding the incident, the insurance company could use it as evidence against your claim.
Do not settle too quickly, especially if you are still being treated for injuries or pain and suffering. Some health or mental conditions might not emerge immediately, or you might only understand the full impact of your injury on your ability to work once you have had more time for medical treatment. Once you settle with the insurance company, you will not be able to negotiate for additional compensation.
Minimizing Payouts
The insurance adjuster works for the insurance company, not for you. Their job is partly to settle for the minimum amount allowable under their policy. During their assessment of your claim (see above), they are also gathering evidence to potentially reduce the amount of your claim. For instance, insurance adjusters might look for ways to argue comparative negligence or dispute the severity of your injuries or the extent of the damages you’re seeking. No matter how friendly and pleasant they are, they likely do not have your best interests in mind.
How a Personal Injury Attorney Can Help
Working with an attorney specializing in personal injury law can help protect your rights and maximize your chances of a favorable outcome. Personal injury attorneys understand the complexities and subtleties of personal injury law, including what would constitute fair compensation in personal injury claims like yours. They can also communicate and negotiate with insurance companies for you, gather and evaluate appropriate evidence to support your claim, and, finally, represent you in court if you need to pursue litigation to obtain a fair settlement.
You don’t have to do it alone. Get the advice and assistance you need by setting up a consultation with a local personal injury lawyer who can work on your behalf. Retain one today to get your case on the right track.