Accidents are an unfortunate reality of life, often leading to serious injuries and worse. Whether it's a car crash, slip and fall, workplace accident, or any other type of incident, victims frequently find themselves facing not only physical pain but also financial strain due to medical bills, lost wages from time away from work, and other related expenses. Filing a personal injury claim is an important step towards recovering compensation for your damages. However, dealing with insurance companies can be one of the most challenging aspects of this process.
Insurance companies play a central role in personal injury claims. While insurance companies are in place to pay out money for losses, the goal of these companies is to minimize payouts to protect their bottom line and maximize profits, which can often put them at odds with the best interests of injury victims. Understanding how to interact with insurance adjusters and knowing how the claims process works is beneficial to maximizing your compensation. However, you should not engage with an insurance company or its adjuster without first consulting a lawyer.
The NJ personal injury attorneys at Brandon J. Broderick, Attorney at Law have been working with insurance to obtain fair compensation for their clients for decades. We are committed to helping injury victims achieve favorable outcomes in their personal injury claims. Call us today to learn more about how we can help you.
Understanding the Role of Insurance Companies
The Insurance Claims Process
When you file a personal injury claim, the first step is to notify the insurance company of the incident. This initiates the claims process, during which the insurance company will investigate the accident, assess the damages, and determine liability. The claims adjuster assigned to your case will gather information from various sources, including police reports, medical records, witness statements, and any other relevant documentation.
Common Tactics Used by Insurance Companies
Insurance companies are known for employing various tactics to reduce the amount they have to pay out on claims. Some common strategies include:
- Delaying the Claims Process: Prolonging the investigation and settlement process in the hope that claimants will accept a lower offer out of frustration or financial necessity.
- Disputing Liability: Arguing that their policyholder was not at fault or that the claimant's actions contributed to the accident, thus reducing the payout under comparative negligence rules.
- Questioning the Severity of Injuries: Downplaying the extent of injuries or suggesting that they are pre-existing conditions unrelated to the accident.
- Making Lowball Offers: Offering a settlement that is far less than the claim is worth, hoping that the claimant will accept it without seeking legal advice.
How Attorneys Help with Personal Injury Claims
Negotiating with Insurance Companies
One of the primary roles of a personal injury attorney is to negotiate with the insurance company on behalf of the injured party. Attorneys have extensive experience dealing with insurance adjusters and are skilled at countering the tactics used to minimize payouts. They can accurately assess the value of a claim, taking into account all economic and non-economic damages, and work to ensure that the settlement offer reflects the true extent of the victim's losses.
Gathering and Presenting Evidence
A strong personal injury claim is supported by robust evidence. Attorneys play a critical role in gathering and presenting this evidence, which may include:
- Medical Records: Documentation of all treatments, diagnoses, and future medical needs related to the injury.
- Expert Testimony: Opinions from medical experts, accident reconstruction specialists, and other professionals who can substantiate the claim.
- Witness Statements: Accounts from individuals who witnessed the accident and can corroborate the victim's version of events.
- Accident Reports: Official reports from law enforcement or workplace safety agencies detailing the circumstances of the accident.
Representing Clients in Court
While many personal injury claims are settled out of court, some cases may proceed to litigation if a fair settlement cannot be reached. In such instances, having an experienced attorney is invaluable. Lawyers are equipped to represent clients in court, presenting a compelling case to the judge and jury. They handle all aspects of the legal process, from filing the necessary paperwork to arguing motions and examining witnesses. Not all attorneys will go to court if needed. It’s important to discuss all possibilities with your attorney, including whether or not going to trial is possible.
Protecting Clients' Rights
Throughout the claims process, attorneys are dedicated to protecting their clients' rights. This includes ensuring that the insurance company acts in good faith and adheres to all legal requirements. If an insurance company engages in bad faith practices, such as unjustly denying a claim or failing to investigate properly, attorneys can take legal action to hold them accountable.
Tips for Dealing with Insurance Companies
- Seek Legal Advice Early: Consult with a personal injury attorney as soon as possible after the accident to understand your rights and options.
- Document Everything: Keep detailed records of all interactions with the insurance company, including phone calls, emails, and letters.
- Do Not Provide Recorded Statements: Avoid giving recorded statements to the insurance company without consulting your attorney, as they may use your words against you.
- Be Wary of Early Settlement Offers: Do not accept the first settlement offer without reviewing it with your attorney, as it is likely to be lower than what you deserve.
For A Free Consultation, Call Brandon J. Broderick, Attorney at Law
Personal injury claims and dealing with insurance companies can be overwhelming, especially if you’re dealing with your injuries and recovery. You don't have to face it alone. Brandon J. Broderick, Attorney at Law has an experienced team of personal injury attorneys who have made a career in protecting their clients’ rights. We will guide you through every step of the process, from negotiating with insurance companies to representing you in court if necessary.
If you or a loved one has been injured in an accident, contact us today for a free consultation to discuss the specifics of your case.