Personal Injury Claim Disputes

Reasons to file personal injury cases

Many types of incidents could cause injuries that prompt you to file a lawsuit. You may:

• File a slip and fall case if an unmarked wet floor caused your slip-and-fall accident
• Hire a car accident lawyer to file a car accident lawsuit
• Initiate a medical malpractice lawsuit if a medical facility delivers substandard or inappropriate care
• Pursue a wrongful death case if an immediate family member died in an accident
• Sue a property owner who failed to warn you about a safety risk or take reasonable steps to eliminate the hazard
• Suffer injuries from a defective product and decide to sue the manufacturer

Any situation where a person or company causes injuries through negligence or recklessness could be grounds to pursue a personal injury case.

Types of damages injury victims can seek

All injury victims can seek the following damages in a personal injury case:

• Economic damages – Economic damages refer to compensation for actual costs incurred. Suppose you were in a car accident. You needed medical treatment, had to rent another vehicle while your car was in the shop, and spent thousands on car repair bills. You can seek to have the at-fault party reimburse these costs.
• Non-economic damages – Non-economic damages don’t come with a dollar value. These damages compensate victims for pain, suffering, and other ways their injuries impact them. Suppose you develop a phobia after your car accident and can’t ride in a vehicle. You can seek non-economic damages for how your accident injuries have affected your social life and career.

There are grounds to pursue punitive damages in some personal injury cases. You could seek punitive damages if the at-fault party’s deliberate, reckless actions caused your injuries.

What is a personal injury claim dispute?

Suppose you were in a car accident and filed a car accident claim. You’re seeking compensation for medical expenses, repair bills, and other costs. However, the insurance company decides to dispute personal injury claims from your accident.

When the insurance company disputes the claim, it means they believe one or more of the following:

• Another party was responsible for your accident and injuries
• The amount of damages sought is unjustified
• Their client wasn’t solely responsible for your accident and injuries
• You’ve filed a false claim

When the insurance company disputes your claim, you won’t receive a settlement offer or payout. The reason for the dispute could determine whether you can resolve your case through negotiations or whether you’ll need to go to trial.

Reasons for disputes arising from an insurance claim 

There are multiple types of insurance disputes you could deal with after filing a claim. Common reasons insurance companies dispute claims include the following:

• Insufficient coverage – Insurance companies might deny claims if their client doesn’t have liability insurance.
• Joint and several liabilities – Suppose someone driving a commercial vehicle ran a red light and struck your vehicle. However, the accident investigation established that the company that owned the vehicle didn’t invest in regular vehicle maintenance. Additionally, the company that manufactured the vehicle’s brakes knew the brakes were faulty and failed to take steps to recall and replace the brakes. Both the vehicle owner and the brake manufacturer could be liable. 
• Lack of evidence – The insurance company may dispute the claim if they believe you’ve failed to provide evidence that their client caused your accident and injuries. 
• Late filing – Each state’s statutes of limitations are time limits allotted for pursuing legal action. Nevada allows victims of medical malpractice three years to file a claim. In comparison, those filing personal injury claims have two years to initiate their case. 
• Unproven damages – The claimant must provide evidence to support the amount of requested damages.

How can you refute a disputed claim?

You can take steps to eliminate the basis for the disputed claim, depending on the reason the insurance company disputed your claim:

• Establish fault – Gather enough evidence to determine who’s at fault and what percentage of liability each at-fault party has. You can then seek that defendant’s share of the compensation owed.
• Gather evidence – You can dispute a lack of evidence claim with physical evidence, such as video footage, police reports, and witness statements.
• Hire an attorney – Injury attorneys have the legal expertise to build their clients’ cases and present compelling evidence to support a personal injury claim. 
• Verify damages – Gather all medical records and bills related to your injuries. Collect bills for car repairs, transportation, child care, and any other expenses stemming from your injuries.

Can a personal injury lawyer resolve your personal injury claim dispute?

Call 702.382.0000 for a free consultation with Adam S. Kutner, Injury Attorneys, and get the legal advice you need to make informed decisions about your personal injury claim. Hiring a personal injury attorney ensures you can get answers to your legal questions and understand your options after suffering an injury.

Sources:

Dispute a claim. (2023). 

Emergency Department Visits. (2023). 

Johnson, J. (2022). Personal Injury Settlement Amounts Examples (2023 Guide).