Insufficient evidence | Jackson & Foster

After a personal injury claim is denied, you might feel uncertain about your next steps. At Jackson & Foster Law, we may be able to assist those who find themselves in this situation. Connect with us when you need a personal injury lawyer in Mobile, AL, to see if we can help you review your options.

Determine Why the Claim Was Denied

An insurance claim denial may occur for several reasons. The insurance provider could cite the following issues as the reason for the denial:

Insufficient evidence
Fault disputes
Delayed medical treatment
Policy coverage exclusions

If you receive a denial letter from the insurer, review it carefully to identify the reason behind their decision. Uncovering the primary issue with your initial claim can help you understand the process.

Collect More Evidence Supporting Your Claim

After having a personal injury claim denied, victims of a car accident, slip-and-fall, or other negligent incident may assume that they can’t dispute the decision. It’s possible to contest an insurance company’s denial, though claimants may need to gather more evidence in an effort to recover compensation.

If you mention the same evidence as your original claim in your appeal, the insurance provider might not reverse their decision. You may need to collect relevant new information for review. In addition to your previously submitted documents, you may need to try to gather new information related to your injury, such as:

Medical records
Police reports
Witness statements
Professional testimony

Documents like police reports and witness statements may help establish fault after an accident. If you provide the insurer with tracked economic damages, such as injury-related medical bills, it can determine the case’s potential worth.

Consider Taking Legal Action With a Personal Injury Lawsuit

After having a personal injury claim denied, you may choose to seek legal counsel. A personal injury attorney can review the nature of the accident and the scope of your case and assist you with contesting the insurance company’s decision.

Professionals working in this area of law may help those who suffer an injury due to someone else’s negligence, including instances like:

Car accidents
Truck or commercial vehicle collisions
Slip-and-fall incidents on poorly maintained property
Dog bites
Workplace accidents

You may want to review the details of your case with a lawyer and let them guide you through the process.

Filing a suit against the defendant may lead the insurance company involved to consider a settlement, depending on the circumstances. A personal injury attorney can present relevant evidence and negotiate with the defendant’s or insurer’s counsel in pursuit of a settlement.

What Types of Compensation Could You Recover in a Personal Injury Case?

Personal injury lawsuits differ for each victim’s unique situation, which impacts the type of damages their lawyers aim to recover. If you’re seeking financial compensation after an accident, you may want to evaluate your case’s details with a knowledgeable attorney. They can calculate economic and non-economic damages to negotiate a reasonable settlement sum.

When you have a personal injury claim denied by an insurance provider, they could refuse to pay any damages in the form of a settlement. Taking legal action is an alternative way to seek compensation, including:

Medical expenses: You could face rising medical costs after an accident. Suing the negligent party could provide an opportunity to reimburse you for your treatment costs.
Property damage: When personal property becomes damaged in an accident, victims can argue for compensation to repair or replace it. Property damage costs may extend to dented vehicles due to a collision.
Lost wages: An injury may leave you with a diminished earning capacity. If you’re losing income due to your injury, an attorney can determine if you should seek compensation through a lawsuit.
Emotional distress damages: After having a personal injury claim denied, consult a lawyer about seeking emotional distress damages for your experiences resulting from the accident. This is compensation for a change in someone’s mental well-being related to an accident caused by someone else’s negligence.
Punitive damages: In cases involving egregious behavior from the at-fault party, the plaintiff could receive punitive damages. An example of this might be additional payments from a drunk driver who injures another motorist or pedestrian.

Consult a Personal Injury Attorney From Jackson & Foster Law

If your personal injury claim is denied, you may want to hire a personal injury lawyer and file a lawsuit. At Jackson & Foster Law, we can help claimants explore their legal options. Do you have the grounds to file a personal injury suit?

Call (251) 433-6699 or submit our online form to request a free case evaluation.

When you file an insurance claim after a personal injury accident, you expect to receive your compensation and move on. But the process isn’t always this simple.

Insurance companies reject personal injury claims for numerous reasons. They may request more information about your claim before they can make a decision, or they may deny it altogether, barring you from gaining compensation through this process.

Understanding why personal injury claims are rejected — and how to avoid it — can streamline and simplify your insurance process. Learn more from an experienced personal injury lawyer in Mobile, AL.

When Are Insurance Companies Allowed To Reject Claims?

Is it lawful for insurance companies to reject claims? Yes — as long as they have a valid reason for doing so.

Insurance companies must investigate all claims to ensure that they meet the terms of the policy. They have the right to deny a claim that does not fall under the policy’s covered items. Sometimes, an insurer may reject a claim, then eventually accept it once you provide further information.

But insurers occasionally reject claims under “bad faith” practices. This occurs when an insurance company intentionally violates its contractual obligations to a policyholder, such as by:

Rejecting a valid claim
Delaying a claim beyond a reasonable timeline
Offering less money than a claim is worth
Falsifying information to justify the claim denial

Common Reasons for Personal Injury Claim Rejections

Outside of bad faith insurance practices, an insurance company may reject a claim for several valid reasons. When an insurer rejects your claim, it will typically send you a written notice of the rejection along with the reason behind it. These are a few common reasons insurers reject personal injury claims:

Insufficient evidence: An insurance company may need more evidence before it can agree that its policyholder was responsible for your accident or that the accident falls under the policy terms. Providing further evidence may increase your chances of approval.
Disputed liability: An insurance adjuster may deny your claim if they believe their policyholder was not responsible for the accident or that you were even 1% responsible (under Alabama’s contributory negligence doctrine).
Policy exclusions: An insurance policy may exclude certain types of personal injury accidents. For example, some policies exclude intentional acts. They may also exclude accidents that happened on watercraft or aircraft.

Your personal injury attorney can review your claim denial notice and determine what information the insurer needs to approve your claim.

How To Avoid an Insurance Claim Rejection and Increase Your Chances of Securing Compensation

Insurance claim rejections can be a huge headache as you attempt to seek compensation for your accident injuries.

Knowing how to avoid denials of personal injury claims can help you streamline your compensation and increase your chances of securing adequate compensation to cover all your economic and non-economic damages. These are a few tips you can follow to avoid claim rejections.

File Your Claim As Soon As Possible

Plan to file your insurance claim as soon as you can. Doing so can help you avoid missing any deadlines the policy has set. You’ll also have access to fresh evidence that you can use to support your claim.

You may have a more challenging time proving the policyholder’s negligence weeks or months after the accident, when your injuries have begun to heal and the wreckage from the accident has been cleared away.

Provide Substantial Evidence To Support Your Claim

The strongest personal injury claims have extensive evidence to back them up. You may want to provide all of the following evidence with your claim, if you can:

Copies of all medical records relating to your injuries from the accident
Photos and videos of the accident scene
Repair estimates for any physical damage
Testimonies from witnesses to the accident

Follow Up With the Insurer About If They Need More Information

If you haven’t heard back from the insurance adjuster, you may want to reach out and request an update about your claim. Ask if the insurer needs any additional information to approve the claim. This may prompt them to investigate the claim further rather than simply rejecting it.

All of the information in these sections may depend on whether you’re dealing with your insurance company, another party’s insurance company, and what the language in the policy actually says.

Bolster Your Personal Injury Claim With Jackson & Foster Law

One of the strongest ways to avoid personal injury claim denials is to hire skilled legal representation to support your claim. An experienced personal injury attorney can take care of the claims process for you while you focus on your physical recovery. They can help you seek special or general damages and maximize your payout while handling all communications with the insurer and the at-fault party.

Do you need assistance navigating personal injury claims? Contact Jackson & Foster Law today at 251-433-6699 for a consultation in Mobile, AL.

What To Do If Your Personal Injury Claim Is Denied