How Insurance Companies Deny Personal Injury Claims

In this article you will learn about:

  • The common tactics used by insurance companies to deny personal injury claims.
  • How a personal injury lawyer can help you fight insurance companies in Texas.
  • The role of fear in determining insurance company injury settlements after an accident.

What Are the Common Tactics Insurance Companies Use to Deny or Limit Personal Injury Claims?

While insurance companies have many tricks and tactics for dodging payments, it is the job of any competent personal injury attorney to know them inside and out. In Texas, the most common insurance company tactic is pleading poverty. Insurance companies are by no means poor, but they will argue that the insurance policy coverage amount is not large enough to cover the total sum of damages caused by an injury.

This is especially true when the damages add up considerably. Take someone in a serious accident for example. They might have $150,000 in medical expenses, and if they are also unable to continue working, the case could be worth millions. It is then up to your personal injury attorney to figure out how to get every cent possible out of the insurance company, and the rest out of other parties that might be at fault and liable for recovering damages. Many attorneys fail to pursue the claims against other parties who may have money to contribute to a settlement.

Will My Insurance Companies Try to Dodge My Medical Expenses?

One of the most important fights with insurance companies during the personal injury process will be over medical expenses. These can often be massive in vehicle, aviation, or workplace accidents, and insurance companies will fight each one if possible.

The first thing you will need to prove is the necessity and the reasonableness of your medical expenses. You can only recover medical expenses related to the accident/injury, and they must be both reasonable and necessary.

Insurance Companies Will Contest the Causation of Injuries and Medical Expenses

  • Many insurance companies will do everything they can to show that your injuries didn’t stem from the accident itself, but rather that they were preexisting conditions that the accident only worsened by a margin.
  • In order to recover damages in these situations, your lawyers will need to call on medical experts, specialist doctors, and literature to prove the causal relationship required. Fortunately, the team at our firm has handled countless cases where medical expertise is necessary – and we’re ready to take the steps needed to pursue your claim.

Proving Medical Necessity to Make Insurance Companies Pay Personal Injury Compensation

  • Unfortunately, causation is not sufficient enough on its own, insurance companies will also fight medical expense claims over reasonableness and necessity as well.
  • In addition to complaining about medical expenses being too high, insurance companies will also argue that they were not “required” or “necessary”. They will say the client didn’t need this or a particular treatment, apparatus, or medicine – and they have decades and years of experience doing it.
  • That is why you need a personal injury attorney equally well-versed in understanding and reviewing medical records. One who works with a lot of doctors, orthopedic surgeons, and internists; to understand the arguments insurance companies will make, and how to counter them.

What Is the Ultimate Insurance Company Tactic? Taking Their Sweet Time!

Even in the face of the best arguments and clear-cut cases, insurance companies often default to the one strategy they can always implement: moving at a snail’s pace.

Each person you talk to will take their time, start with a low offer, and argue that they have to run anything else by their boss. But there is always a boss, and that boss has a boss, and so on. Insurance companies often use this very tactic as an excuse to send your case through endless cycles of review.

That is where a qualified personal attorney can make all the difference, convincing them that this is not the client to continually throw lowball settlement offers at – because they have a potent advocate on their side who will stop at nothing to get the compensation they deserve.

How Will a Personal Injury Lawyer Help Me Fight My Insurance Company?

The key to keeping insurance companies in check is to convince them early that you are serious, knowledgeable, and will not back down. No matter how big, or how small, the case, a lawyer needs to honor the case, and treat it with respect, empathy, and diligence.

Handling fewer cases and being personally invested in the outcome of each is the hallmark of a caring and effective personal injury lawyer. The motivation to fight for you, and belief in your real injuries and their effect on your life, are some of the best weapons a good personal injury lawyer can bring to the fight. Without a belief in the cause of the client, an attorney is a mere claims agent. At our firm, we will go to war for you.

And at the end of the day, hard work and preparation on the case are the ultimate tool. Each case needs to be prepared as if it will go to court. Insurance companies will be much more willing to negotiate favorably and take your personal injury case seriously if you show them, you are ready to battle it out. Even if the objective is a settlement.

Fear is an Insurance Company’s Greatest Weapon, and Weakness

Insurance companies can use your fear about the future and accumulating medical costs against you. They will use it to lower the settlement you may really deserve. Don’t fall prey to their fear tactics. Get an experienced and skillful personal injury attorney on your side.

Many attorneys might try to settle the case quickly before they’ve even filed it. But without a court date (the anvil) and a well-researched and documented case (the hammer) the insurance company will not fear you. And if they are not afraid, they will not pay what you deserve.

With the guidance of a skilled attorney for Auto Accidents, Truck Accidents, Aviation Accidents and Oil Field Injuries, you can have the peace of mind that comes with knowing an expert is on your side against the insurance companies. For more information on Personal Injury cases in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (432) 653-1899 today.

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