Insurance companies are profit-driven businesses that will do everything they can to deny personal injury claims. Since paying out on an insurance claim does not help the insurance company’s bottom line, their adjusters are well-trained in tactics and strategies to minimize or simply deny an accident victim’s claim.
If you have been injured in an accident and need to pursue a personal injury claim, it helps to have an experienced Baton Rouge personal injury lawyer do the tough negotiating for you. The Mansfield Melancon Car Accident and Personal Injury Lawyers know all the tricks insurance companies hold up their sleeves and how to fight back for the compensation you deserve. Call our trusted personal injury lawyers today to schedule your free consultation.
Here, we will discuss some of the ways insurance companies will try to devalue or even deny claims from injured accident victims in Baton Rouge, LA.
Shifting Blame for the Accident to You
Louisiana follows a pure comparative contributory negligence law, which means that your financial award could be reduced in proportion to your share of responsibility. For example, if you would be entitled to $100,000 but are found to be 40% at fault, your share would be reduced by 40% to $60,000. What does this mean for insurance companies? They can save money by pointing out your contributory negligence–shifting the blame, in other words.
Insurance companies will use any evidence they can to increase your percentage of liability and reduce their overall payout to you. It would be even better for them if they could completely deny a claim. Insurers will use information from accident reports, medical records, video footage, and witness statements to point the finger at you. Insurance adjusters will even try to use your own statements against you by tricking you into admissions about your share of the blame. An experienced personal injury lawyer will know how to step in and stop the blame-shifting.
Focusing on a Pre-Existing Medical Condition
Personal injury claims are usually based on a legal theory known as negligence. Proving negligence in a personal injury case involves showing that the other person acted carelessly and their actions caused your injuries. Sometimes, it is obvious that the other person acted negligently. For example, when someone runs a red light and hits another car, there is no question that the other driver breached their duty of care. However, when you try to claim damages, the insurance company might argue your injuries were actually caused by something else. Most often, they will cite a pre-existing condition.
Insurance companies will pick apart your medical records to find alternative explanations for your injuries. If you hurt your back in an accident, the insurer will seek out any previous back injuries in your medical history to use against you. If you complain of headaches and concussion symptoms, they will comb your records to find any past signs of neurological damage and head injuries.
It is hard, on your own, to prove the insurance company wrong when they pull up your medical history and use a pre-existing condition to deny your claim. A knowledgeable personal injury lawyer will know how to carefully review your medical records, work with medical experts on your behalf, and apply the facts to get the most out of your claim.
Attacking Your Credibility
At times, during a personal injury claim, you could feel like you are on trial yourself. Insurance adjusters will analyze your activities, past history, personal habits, and social media posts. Their goal is to find any piece of information they can use to discredit you and your claim. For instance, if you claim to be bedridden by an injury but post photos from a tropical vacation, those posts will be quickly found and used to hurt your claim.
It is important to be open and honest about your situation, and you shouldn’t have to feel like you have something to hide. A personal injury lawyer with experience battling insurance companies can help guide you and make you feel secure. Your lawyer will be able to use helpful evidence in your favor and maintain your credibility despite attacks from an insurance company.
Looking for Procedural Problems to Use Against You
Chances are you don’t have a lot of experience in dealing with insurance claims and navigating the legal process of a personal injury claim. Insurance companies are familiar with Louisiana’s laws and civil procedures, as well as the ins and outs of their own policies. Within these are many rules to be followed and deadlines to be met. Insurance companies will use your inexperience with these procedures to defeat your claim whenever possible.
Some common procedural problems can involve:
- The statute of limitations: The statute of limitations in Louisiana for most personal injury claims is now two years. This deadline must be strictly followed, or you could permanently lose your right to file a lawsuit.
- Jurisdiction and venue: Jurisdiction refers to whether a court has the authority to make a decision over your case. Venue refers to the location that is proper for handling your personal injury claim. In Louisiana, the venue would normally be the parish where your accident took place.
- Missed deadlines: An insurer will provide their own deadlines for submitting information or responding to requests during a claim. If you miss a deadline or drop the ball in any way, they will use that as an excuse to deny your claim in some situations.
To protect your rights and ensure a successful outcome, it is essential to understand these rules and deadlines, making it advisable to seek professional guidance throughout the claims process.
Pressuring You to Settle Quickly
Another common tactic insurance companies will use is to force you into a quick settlement that is far less than you deserve. Insurers know what your claim is truly worth but will seldom offer that to begin with. Instead, they will offer a much lower amount in hopes you will take the bait and close out the claim. Unfortunately, many claimants fall victim to this technique and miss out on being paid what is truly fair to them. Your personal injury lawyer will recognize a lowball offer when they see one and fight back for fair compensation.
Contact a Baton Rouge Personal Injury Lawyer Today
If you or a loved one were injured in an accident, don’t settle for less than what you deserve. Hire a trusted Baton Rouge personal injury lawyer to fight back against the insurance companies and make your voice heard. Call our law office today to schedule your free consultation at (225) 263-4787.
