How to Ensure You Get a Fair Settlement for Your Personal Injury Claim

Sustaining an injury because of someone else’s negligence is challenging enough without struggling to settle your personal injury claim. 

Medical bills will pile up, and you may be unable to work. If you cannot work, you will also have the stress of being unable to provide for your family. 

Fortunately, if you are involved in an accident in Houston and the relevant insurer refuses to pay, you do not have to give up. Hiring a lawyer like personal injury attorney Jimmy Doan will help reduce your stress. Your lawyer will also fight to ensure your claim is settled fairly.

There are also other steps to ensure you get the settlement you deserve.

Why Do Insurance Companies Deny Claims?

Insurance companies typically do not love paying out claims, so you will likely get a denial first.

If you receive a denial letter from the at-fault party’s insurance company, it must include a reason for the denial. The insurance provider may argue that your version of what happened during the accident is incorrect. They may state their client is not at fault for the accident. 

The insurance company may even state that you are partly to blame for the accident or that another party was entirely responsible. 

Another reason the insurance company may deny your claim is that the policy funds are insufficient to cover all your expenses. If you claim solely for medical costs but do not have sufficient medical records linking your injuries to the accident, your claim will also be denied.

Added to that, if you miss the deadline for the statute of limitations in filing your claim, the insurance company will not pay.

How to Strengthen Your Claim and Secure a Fair Payout

What you do immediately after the accident will help determine whether you get a fair payout. 

You must get medical treatment right after the accident, even if you initially feel fine enough. Some injuries are masked by adrenaline and fear, and their extent becomes clear only days after an accident. 

It is also crucial to save copies of all your medical records relating to the treatment you received after the accident. Include the doctor’s room or ER payment receipt, copies of diagnostic tests, and proof of your ongoing treatment plan.

You must get a copy of the official police report of the accident. This document will contain the responding officer’s observations regarding the accident and can help establish fault. 

If anyone saw the accident, try to get a written statement from them. Your lawyer is instrumental in this process because they will also investigate the incident to strengthen your case. 

If you can, take photos to document the accident scene and your injuries. If there is extensive property damage to the vehicles, take photos of this, too. 

Lastly, if you cannot work because of your injuries, ask for proof of lost income from your employer. This will also help to strengthen your compensation case. 

Negotiating With the Insurance Provider

Let your lawyer deal with the negotiations on your behalf. Your lawyer will know which exclusions apply to your specific case and how much you can reasonably expect to be paid. 

Moreover, your lawyer will present the evidence to support your claim and insist on getting the settlement amount you need to cover your expenses. 

If negotiations fail, your lawyer will likely suggest alternative options like mediation or arbitration. If this does not work, your lawyer will represent you in court to settle the matter. 

Fortunately, most personal injury cases are settled out of court. Long before you get to the point of litigation, your lawyer will evaluate your case and get the additional evidence needed to support your claim. Only after these processes fail to convince the insurance company to pay is litigation in order.

Important Factors to Consider

You should have your lawyer present whenever you speak to the insurance company. Better yet, let your lawyer handle all communication with the insurance provider. 

If you accidentally admit fault or say something that can be used against you, it is much easier for the insurance company to deny your claim. 

Your lawyer will also advise you on the statute of limitations regarding your case. This is crucial because missing the deadline will prevent you from seeking compensation. 

Remember that a personal injury claim can take a long time, even years, to resolve. There is often nothing you can do to speed up the process, so you must be patient and trust that your lawyer will get you the compensation you need.

Filing a Personal Injury Claim Does Not Have to Be Frustrating

Hiring a lawyer removes the frustration and stress of filing a personal injury claim. Doing this also significantly increases your chances of receiving compensation for your injuries after an accident.