Unexpected accidents can be financially devastating, which is why insurance is a crucial protection. Unfortunately, even with insurance, filing a claim for compensation after an accident does not always guarantee that your claim will be approved.
When an insurance company denies coverage for an injury, it can leave you feeling powerless and uncertain, especially if you have been paying premiums for a long time. However, there are several options available to challenge the denial of your claim and protect your rights, including the possibility of pursuing legal action through a lawsuit. Denials of insurance claims can occur for a variety of reasons, but it is important to remember that a denial is not necessarily the final decision in your case.
Contact the Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. today at (954) 751-4258 for a free case review with our Ft. Lauderdale personal injury lawyers.
What Are Your Options If Your Personal Injury Claim Is Denied in Florida?
If an insurance company denies an injury claim, they might not always provide a clear explanation. This can be confusing for individuals who are unfamiliar with the claims process. However, if your claim is denied, there are legal options available to you. Our Boca Raton personal injury lawyers can assess your claim and determine how we can assist you in receiving compensation for medical expenses, lost income, and other damages. Below are some of the legal options you might have to recover the compensation you deserve.
Appeal a Denied Claim
If your personal injury claim has been denied, it is advisable to seek the guidance of an experienced attorney who can help you understand the reasoning behind the denial and provide you with options for appealing the decision. The insurance company should allow you sufficient time to file an appeal and potentially correct any errors in your claim.
Keep in mind that insurance companies might deny claims for various reasons, such as typos, incorrect dates, or unclear statements. By partnering with one of our attorneys, you can avoid these mistakes and increase your chances of getting your claim approved.
Filing a Lawsuit Against the At-Fault Party
If your personal injury claim is denied, you might need to pursue legal action against the responsible party in Florida. However, there is a “serious injury” threshold in place to prevent an influx of minor personal injury lawsuits in civil courts.
Simply claiming that your injuries are serious is not enough. You must also demonstrate that they meet one of the definitions of “serious injuries” outlined in Florida Statute § 627.737(2). This law allows victims to sue if they have suffered significant and permanent loss of bodily functions, have a permanent injury diagnosed by a medical professional, or have experienced death, scarring, or disfigurement as a result of the incident.
Evaluating your case with our firm can help determine if your injuries meet these criteria. It is crucial to establish the severity of your injuries when filing a lawsuit, as the defendant’s legal team or insurance company might challenge the legitimacy of your claim if they believe you have not met the threshold. They can request a hearing to determine if your injuries are indeed serious.
Filing a Bad Faith Insurance Lawsuit
In case the insurance company denies your claim without a valid justification, you could have the option to take legal action against them for their bad faith behavior.
Insurance companies frequently employ deceitful tactics such as neglecting to investigate claims, procrastinating compensation, and providing inadequate coverage. In certain instances, policyholders have the right to file bad faith claims against their own insurers if they refuse to provide appropriate compensation for damages.
Reasons Why Your Personal Injury Claim Could Be Denied in Florida
When there is a valid reason, insurance companies have the authority to reject personal injury claims. However, there might be questionable reasons why an insurance company might deny a claim. When that occurs, it is important to identify the reason for the denial so that a strategy to fight it can be devised. Below are some of the most common reasons personal injury claims are denied in Florida:
Pre-Existing Injuries and Conditions
Sustaining an injury in an accident can worsen a previous injury or make an existing condition more vulnerable to serious harm. However, this should not prevent you from seeking compensation if the accident was caused by someone else’s negligence. It is important to remember that you have the legal right to pursue damages for any losses resulting from the accident.
Failure to Avoid Your Injuries
In the event that you were involved in an accident that caused you harm, and you are found to be partially responsible, it is important to note that under Florida law, you might still be entitled to receive compensation for your damages as long as your degree of fault does not exceed 51 percent.
Delaying Your Treatment
It is crucial to promptly seek medical attention after being involved in an accident. Delaying medical care might lead to the insurance company rejecting your claim by asserting that you are not truly injured. Nevertheless, it is worth noting that certain injuries might not manifest symptoms until several days after the accident. Therefore, it is imperative to obtain medical evaluation and treatment as soon as possible to ensure that any potential injuries are properly documented and treated.
Policy exclusions are provisions in a liability insurance policy that delineate certain accidents or injuries that are not covered under the policy. These exclusions are typically hidden in the fine print of the policy and can have significant implications for the insured party in the event of an incident. It is important for policyholders to carefully review their coverage and take note of any exclusions to ensure they have adequate protection.
Lapse in Coverage
In the event that the individual holding the liability insurance fails to renew the policy upon expiration, it is possible that any denial of claims will not be subject to reversal. It is important for policyholders to maintain active and up-to-date insurance coverage to ensure protection in the event of any unforeseen incidents or accidents.
Failure to Follow Claims Procedures
If you are unfortunate enough to suffer an injury, it is essential to file your claim correctly and promptly. Failing to do so could result in being excluded from coverage, which is the last thing you want when you are already dealing with the stress of an injury. So, make sure you carefully review everything when filing documents and avoid any other errors that could jeopardize your coverage.
What Is the Time Limit to File a Personal Injury Claim in Florida?
Florida’s governor signed a new law in 2023 that has changed the process of personal injury cases. The “statute of limitations,” which determines the time limit for filing a lawsuit, has been modified. Previously, personal injury victims had four years to file a lawsuit, but now they only have two years in Florida. If a personal injury claim is filed two years after incurring the injury, it will almost certainly be denied, leaving the victim responsible for the medical expenses and any other related costs.
Therefore, taking prompt action is of utmost importance. Delaying could have negative consequences, as there is only a limited time to gather evidence and locate witnesses before potentially filing a lawsuit. If someone has suffered an injury, they might not need to file a lawsuit. However, if they choose to do so, they must keep in mind that they only have two years to file the lawsuit. After this time has passed, the defense can ask the court to dismiss the case.
Our Florida Personal Injury Attorneys Can Help
For a free case evaluation with our Miami personal injury attorneys, contact the Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 today.