What Are Your Options For A Rejected Injury Claim?
Filing an injury claim is a process, but one of the unfortunate possibilities is that your claim might be rejected by an insurance adjuster. You'll most likely feel the rejection was in error, but what can you do about it? Take a look at the four ways the situation might play out.
Seeking Clarification from the Insurer
With a personal injury lawyer in on the case, your first course of action should be to have the insurance company clarify any potential omissions or errors you might believe occurred. Even the best claims adjusters will make mistakes. They might also not be familiar with the personal injury law in your state, leading to potential errors of legal logic.
Your lawyer will communicate these concerns to the insurance company. If there is a problem, it may be possible to have the claim escalated to a higher party within the company. They'll review what might have been wrong with the initial finding and provide you with a ruling one way or another.
Once it has become clear the insurance company will not proceed with the claim, filing a lawsuit is an option. Notably, many cases that go in this direction still end up being settled. One reason is that the discovery process can turn up evidence that tilts the case. A second reason is that a finding of law by the court might change how the insurance company sees the claim. It is possible, however, that you might have to go all the way to trial.
Pursue Action Against a Different Party
Sometimes the reasoning behind a rejected claim is that the wrong party was sued. Your personal injury lawyer might agree with the argument, and that may lead to pursuing a claim against another party in the case.
For example, there might be questions about who is liable for the premises if you slip and fall at a shopping mall. The very location where the fall occurred may determine whether you sue a business operating in the mall or the operator of the building. Having failed to pursue action against one, you might be able to file a claim with the other's insurer.
Ceasing Legal Action
As unappealing an option as it might be, there may come a point where you've exhausted all legal remedies. Continuing to spend money on the case might be futile. If you've explored the previous three options exhaustively, you may need to consider calling the case off.
For more information, contact a personal injury lawyer in your area.