When someone is injured as a result of another person’s negligence or wrongdoing in Baton Rouge, the injured party and their Baton Rouge injury lawyer might be able to file an injury claim with the negligent party’s insurance carrier to recover damages. But what happens if the insurance carrier denies the claim?
The insurance industry is big business, and insurance companies are very sophisticated in the way they attempt to pay out as little as possible for injury claims. When negotiating with an insurance company, especially after a serious injury, it is essential that the injured party have an experienced injury lawyer on their side.
Reasons Why an Injury Claim Might Be Denied
There are many reasons why an injury claim might be denied. Claims adjusters work for insurance companies, and their job is to find ways to deny claims or pay out as little compensation as possible.
Some of the most common reasons why injury claims are denied in Baton Rouge include the following:
- The incident was not covered under the at-fault party’s insurance policy.
- The policy had lapsed.
- There was not enough evidence to prove fault for the incident.
- The incident happened in a location that was not covered under the policy.
- There was not enough evidence to prove the claimant’s injuries.
If you experience any of these tactics from an insurance company, you need to contact an injury lawyer in Baton Rouge as soon as possible to discuss your options.
Steps To Take If a Personal Injury Claim Is Denied
1. Demand An Explanation of The Denial
The first step after an injury claim has been denied is to demand a written explanation of the basis for the insurance carrier’s denial of the claim. The claimant’s attorney will call the insurance claims adjuster to demand a written explanation of the denial and request a copy of the relevant clause in the policy used as a basis for the denial.
Regardless of why an injury claim was denied, it does not mean that the matter has come to a conclusion. A claimant has the right to continue to pursue a claim against the party that caused their injuries and their insurance carrier until the matter is settled or resolved by a judge or jury.
2. File A Lawsuit Against the At-Fault Party
When an injury claim is denied by the liable insurance carrier, it is likely time for the claimant to hire a lawyer, because litigation is probably necessary. There are generally two types of denied injury claims:
- A first-party claim – where a claimant’s insurance carrier denies a claim against, for example, their own homeowners or auto insurance policy. In this case, the claimant’s attorney would file a breach of contract lawsuit against the claimant’s own insurance carrier.
- A third-party claim – where the claimant was injured because of someone else’s negligence and is bringing a claim against the negligent party’s liability insurance policy. In this case, the claimant’s attorney would sue the negligent party and their liability insurance carrier to recover damages.
What Happens When a Lawsuit Has to Be Filed?
When the claimant (the plaintiff) and their personal injury lawyer have determined that a lawsuit must be filed to get the liable party and their insurance carrier to pay fair compensation, the claimant’s lawyer will file a lawsuit in the local county and then serve the at-fault party (the defendant).
After the lawsuit has been filed, the case will proceed to the discovery phase. During discovery, the claimant and their attorney will review all evidence collected for the case. This information will be used at a formal deposition, where the claimant swears it is all accurate and truthful. Also, during discovery, either party can file motions to delay the case, agree on a settlement, or dismiss the case.
If the case is not resolved by settlement or dismissal, it will ultimately go to trial. Only 4-5% of all personal injury cases ever make it to trial. But, when a case does end up at trial, a judge or jury will listen to both sides of the story and decide if the defendant is liable to compensate the plaintiff and set the amount of compensation to be paid.
Hire A Baton Rouge Injury Lawyer from Dudley DeBosier
If your Baton Rouge personal injury claim has been denied, don’t try to resolve the issue alone. Let a law firm specializing in personal injury help you. Call an attorney at Dudley DeBosier.
At Dudley DeBosier, every prospective client gets a free case assessment. We love to help people protect their future and get what they deserve, and we charge no fee unless we win compensation for you.
Contact us today to arrange a free consultation with a personal injury attorney that Baton Rouge residents can trust.
This content has been reviewed by the Baton Rouge Dudley DeBosier office.
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