Personal injury is a term used to describe the physical and emotional harm caused by accidents. If you’re a victim of such an accident, caused by the conduct of another person, then their insurance company should compensate you for the suffering. In some instances, the insurance declines the personal injury claim, leaving you to shoulder the financial implications on your own. Why should the insurer bail 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 on a machine at work. You will have to answer a couple of questions. Was the machine in optimal working condition? Were you familiar with the operation of the machine? Were you wearing the required personal protective clothing? Were you operating the machine correctly?
You could have been doing everything right yet you got injured since the machine was faulty. In that case, it would be the employer’s fault for not maintaining the machine properly. However, you may not be able to prove your allegation. The accused may insist that the machine was in the ideal state. Given that so many changes in the moments after the accident, the evidence is erased and the insurer decides that your case is too short for compensation.
How long did you take to reach out to launch your claim? Some insurance companies have strict timelines that you need to adhere to, which could be as limited as 24 hours. This may seem like a long time, but in those hours after an accident, everything is a blur. If you’re injured, then seeking medication is the number one priority. Depending on your condition, it could be some time before you come to your senses, perhaps after 24 hours. The solution here lies with the next of kin. If someone close to you is injured, take the initiative to notify the insurance company right away.
Was the accident caused by 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 using the owner for damages. The insurance companies will want to know the circumstances of the attack. Did the dogs follow you to a public place or were you trespassing on the property? If you were on the owner’s property without authorization, then this points to negligence on your part and your claim could be declined. Ensure you follow the rules to avoid such instances.
Delay in seeking medication
If you suffer from personal injury, whether resulting from a road accident, medical malpractice, workplace accidents, slip and fall, product liability, and so on, you must seek medication right away. In the case of medical malpractice, seek medication from a different facility to prove that the former caused you harm by not following the right procedure.
If you do not go to the hospital right away, the insurer has every right to assume that the injuries were not serious. Sometimes it looks like you did so only as an afterthought, which does not help your case.
In conclusion, it is worth noting that making the above mistakes does not automatically invalidate your case. Do your research and hire one of the best personal injury lawyers to represent you. Insurers companies are only friendly when receiving your premiums. When it’s time for payment, they’ll not hesitate to strike your claim out on the slightest technicality. A lawyer will know how to navigate the loops and make them pay. A settlement will not take away your suffering, but will at least make your burden more manageable, and an experienced lawyer will deliver just that.