Getting fair compensation from a personal injury claim can be a challenging task. If you’re seriously injured and seeking fair compensation for your losses, you might already know that insurance companies don’t make it easy. They use defense lawyers and crafty defense strategies to pay out as little as possible to settle claims. This is where having a personal injury attorney to push back against common defense strategies can make all the difference in the outcome of your case.
An experienced personal injury lawyer brings knowledge and experience to dealing with these cases. They understand insurance companies’ common defenses and tactics and work diligently to counter them. With a lawyer’s guidance, you increase your chances of getting a settlement that truly reflects your needs and losses.
The Insurance Company’s Game Plan
Insurance companies aren’t your allies in personal injury cases. These companies are businesses, and their profits increase when they minimize payouts to cover accident victims’ injuries and expenses. They have various legal defenses to minimize injury claims and protect their profits, often at your expense. Recognizing this is essential in fighting for fair compensation.
One common trick insurance companies use is the quick settlement offer. Right after an accident, they might approach you with a settlement offer that seems good. Actually, the amount is far less than the fair value of your injury claim. They bank on the fact that you might not know the full value of your claim — such as one that involves severe trauma — or might feel financial pressure to accept the offer. They want you to sign a liability waiver, protecting the insurance company from further financial liability.
Another frequent tactic involves questioning your injury’s severity. Insurance companies often challenge how badly you’re hurt to reduce the amount they have to pay. They might claim you had a pre-existing condition and your injuries existed before the accident, or they aren’t as severe as you claim.
Insurers often use delay tactics. By dragging out the process, they hope you’ll get desperate and settle for less. Long waits and complicated paperwork are part of this strategy. They make the process so frustrating that many people give up and accept lower offers just to get it over with.
Lastly, insurance companies often interpret the law or policy terms to their advantage. They might argue that certain aspects of your case aren’t covered under their policy or interpret policy language in a way that minimizes their responsibility. Fighting back requires professional experience and diligence, which is where a skilled personal injury lawyer can help. If your personal injury claim depends on your attorney’s legal skill, turn to the experienced personal injury lawyers at Kraft & Associates, Attorneys at Law, P.C.
Protecting Your Rights
Protecting your rights is essential after an unexpected injury. Start by gathering as much proof as possible to support your claim. This means taking photos of the incident scene, your injuries, and any property damage. Collect names and contact information from witnesses, too.
Be careful with what you say to the insurance adjuster, as they might use your words against you. For example, saying “I’m fine” in a casual conversation might seem harmless, but the insurance company could twist this to mean you’re not seriously hurt. Speak honestly, but remember that they might record your words to minimize your claim.
Finally, get help from a personal injury lawyer as soon as possible. Lawyers understand the tricks insurance companies use. They can fight for your rights and demand fair compensation for the harm you have suffered due to someone else’s actions. With a lawyer, you’re not alone in the battle against insurance company tactics, and you can focus on your recovery while a professional handles all the details.
Common Defenses Explained
In personal injury cases, insurance companies have a toolbox of common defenses they use to limit what they pay. Common examples include the following:
- You’re Partly to Blame – The insurance company might claim you share some fault in the incident that harmed you. For example, if it was a car accident, they might argue that you were speeding or distracted. By proving even partial fault on your part, they can reduce the amount of compensation they owe for your claim.
- You Were Already Hurt – Sometimes, the insurance company uses the pre-existing condition defense to try to show that your injuries were from a pre-existing injury. They might dig into your medical history to find evidence of pre-existing injuries or conditions similar to the ones you included in your claim. By doing this, they aim to create doubt about the cause of your injuries, suggesting that the accident was not the cause of your condition and that the company shouldn’t have to pay. This defense can significantly complicate cases, especially for those with a history of similar medical issues.
- You Don’t Have Enough Proof – In other cases, the insurance company might challenge the strength of your evidence. They might claim that you haven’t provided sufficient proof to demonstrate that the accident caused your injuries or the extent of your losses. They could also imply that there’s not enough evidence to link the accident directly to your injuries.
What You Can Do
Even in the face of these frustrating insurance company tactics, you can take steps to protect your rights and strengthen your case. Here’s what you should do:
- Stay Strong – It’s important to remain resilient. Insurance companies often rely on wearing you down as a primary negotiating tactic. By staying strong and determined, you show them that you’re serious about your claim.
- Be Patient – Personal injury cases can take time. Insurance companies often use delay tactics to drag out the claims longer than necessary, so patience is key. Don’t rush into a settlement that undervalues your claim. Patience often leads to better outcomes.
- Ask Questions – If something is unclear, ask questions. Whether it’s about your case, policy terms, or settlement offers, getting clear answers allows you to make informed decisions. Never hesitate to seek clarification on anything that confuses you.
- Work with a Lawyer – Perhaps the most important step you can take is hiring a knowledgeable personal injury lawyer. Our experienced personal injury lawyers understand the tricks and tactics of insurance companies. They can guide you through the claims process, handle negotiations, and work to get you fair compensation. An attorney can also represent you in court if the insurer refuses to play fair with your claim. At that point, the insurance company becomes a defendant, with a jury determining whether the insurer is acting in good faith on your claim. With a lawyer’s help, you can navigate the legal system more effectively and increase your chances of a successful outcome.
Get Legal Help from Our Experienced Personal Accident Lawyers Near You
At Kraft & Associates, Attorneys at Law, P.C., our law firm is committed to helping you demand the fair compensation you deserve. If you’re facing challenges with your personal injury claim, let’s talk about how we can help. A member of our legal team can review the details of your injury and discuss your legal rights. Call (214) 999-9999 or complete our contact form for a free consultation. We’ll discuss your personal injury case, provide useful insights, and explain how we can assist you in fighting for your rights.
