Stages of a Personal Injury Claim: What Happens When a Defendant’s or Your Insurance Company Refuses to Pay?

No one expects to be injured in an accident. But when it happens, you rely on your and the defendant’s insurance company for financial compensation to cover medical bills and other expenses. Unfortunately, insurance companies are not willing to pay out what you would say is fair on personal injury claims, leaving the victim with a lot of questions and no answers. If your insurance company is refusing to pay on a valid claim or denying liability altogether, don’t despair – there are steps you can take.

In this blog post, we’ll explore the stages of a personal injury claim so that you know what to expect if your insurer refuses payment. We’ll also look at how hiring a qualified personal injury attorney can help improve chances of getting compensated for damages caused by another party’s negligence or recklessness. Read on for more information!

Call 317-881-2700 If your Injury Claim Was Denied in Indianapolis Indiana
Call 317-881-2700 If Your Injury Claim Was Denied in Indianapolis Indiana

What to Do if an Insurance Company Denies Your Injury Claim

Hiring a Personal Injury Attorney

The first step in any personal injury claim is to get legal representation.  Even if an insurance company has not initially denied the claim.  Insurance Companies are businesses and their goal is to make money.  If they can pay less to you on any of their claims, they will.  Your attorney’s job is to get them to pay what they actually owe, not what they want to pay.  

Hiring an experienced personal injury attorney can significantly improve your chances of getting fully and fairly compensated for damages caused by the other party’s negligence or recklessness. A personal injury lawyer will be able to review your case and help you decide whether it’s worth pursuing legal action. They’ll also represent you in court, if necessary, and guide you through the entire process from start to finish.

Notifying the Insurance Company

The next step is in the personal injury claim process is to notify your insurance company of the incident. Your lawyer should help you with this exchange. This should include a detailed description, photos if applicable, contact information for all involved parties, and any other relevant documentation. It’s important that you provide as much detail as possible to your lawyer during this stage so they can ensure the claim can be thoroughly investigated.  When involved in an injury case, numerous insurance companies are involved. Your auto insurance carrier, the defendant’s auto insurance carrier, health insurance companies including Medicare, Medicaid, Medicare Advantage, private health insurance carriers, and health insurance carriers through an employer.  It is vital to hire a civil litigation attorney specializing in Indiana accident law so all of the involved parties are dealt with appropriately.

Awaiting Insurance Adjusters

Once the insurance company has been notified, they’ll typically assign an insurance adjuster who will assess the claim’s validity and decide how much compensation is due to the injured party. These reps are specifically trained to try their best to lower the value of a claim by any means necessary. If your insurance company denies payment or liability altogether, then it’s time to consider legal action and your attorney will handle that for you.

Filing a Personal Injury Lawsuit

If a defendant’s insurance company has denied your claim or your own uninsured motorist insurance company if the defendant was uninsured, then it may be time to consider filing a personal injury lawsuit. A personal injury lawyer will help you navigate the legal process of bringing your case before a judge and jury in order to seek compensation for your losses. They will also handle all of the paperwork associated with filing a suit, as well as represent you in court throughout each stage of litigation, including pre-trial motions, discovery processes, hearings, trial preparation, and more.

In all cases, your attorney will try to negotiate a fair settlement for you and indeed, most cases do eventually get settled short of going to trial, but you should have an attorney who is always preparing to go to trial and then if your case does not go to trial that is great, but preparation and being ready for the trial if necessary is paramount.

Obtain the Personal Injury Settlement You Deserve

The bottom line is that if your or the defendant’s insurance company refuses to pay on a valid claim, don’t give up! Consider seeking legal counsel as soon as possible so that your rights are protected throughout the process. With the right personal injury attorney at your side, you may have a good chance of getting fair compensation for medical bills, lost wages, pain and suffering, and other damages caused by an accident.

Would you like to speak with a seasoned civil litigator who knows how to deal with stubborn insurance companies? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with our personal injury attorneys in Indianapolis, Indiana. We represent injured victims all across the state and Indiana residents injured in other states. In addition, we offer the option to hold meetings either by phone, at your residence, online, or at the hospital if necessary.

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Do I Still Have Options if the Insurance Adjuster Denies My Injury Claim?

If an adjuster denies your personal injury claim, you still have legal recourse. An experienced Indiana personal injury lawyer will fight the insurance company and ultimately recover the settlement or verdict you deserve. Continue reading to learn what to do if an insurance adjuster denies your injury claim, plus who to trust in Indianapolis for seasoned personal injury representation.

Indiana Accident Claim Lawyers 317-881-2700
Indiana Accident Claim Lawyers 317-881-2700

Coverage for Personal Injury Damages and Losses

When a person is wrongly injured, the at-fault party’s insurance company is held liable for the victim’s subsequent economic damages and losses, and sometimes, non-economic damages like prolonged physical therapy, pain-and-suffering, loss of companionship, and more if the at-fault party had liability coverage. Examples of common economic damages include hospital bills, medical expenses, lost wages from missing work, future compensatory losses, and much more.

Personal injury damages and losses generally depend on the severity of the accident and resulting injuries, as well as local jurisdiction. On the other hand, there are times when the faulted party’s insurance company denies liability after a victim submits their claim, stating that the law says the victim is responsible for the accident, and ultimately, any damages that may have been incurred as a result.

What Does an Insurance Adjuster Do?

In these cases, it is important to know more about adjusters and what their job entails to better understand what they tell injured victims. Furthermore, it is important to know that there are still viable options for personal injury victims whose claims are denied by the opposing party’s insurance adjuster.

An adjuster is usually not a lawyer or legal professional; they are regular insurance company employees. This means that they may have a broad idea on the law regarding their particular job role and the cases they oversee, but they do not have detailed knowledge of the law or the facts. They cannot possibly know whether you are liable for the accident that caused your injuries and losses. For this reason, it is vital to hire an experienced Indianapolis IN personal injury lawyer to navigate your claim and fight for fair compensation on your behalf.

Although insurance companies do not want you to hire or even speak with an attorney, they have their own in-house attorneys to assist their adjusters from day one, defending an injured party’s claim from the at-fault party’s perspective. Overall, insurance companies want to pay out the lowest settlement possible for every claim as they are in the business of making money, and the tactics they use are designed to pay out as little or nothing if possible.  Insurance carriers have attorneys from day one and so should you.

What To Do if Your Claim is Denied

You should hire an attorney from day one following your collision and prior to talking with anyone else about the collision. Talk to a personal injury attorney in Indianapolis to learn your rights from day one. You should not try to be your own attorney.

Are you looking for qualified and trustworthy personal injury guidance in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Our seasoned accident attorneys can meet with you over the phone or computer, or in-person at our Indianapolis law office. We represent injured persons throughout the state of Indiana and Indiana residents injured in other states.

Related Posts:

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Can I Discuss My Accident Claim With the Other Party’s Insurance Company?