When you have an insurance claim, you seek compensation from the negligent party’s insurance company. In this process, you argue the cost of your losses and negotiate a settlement with the insurer.
You Can Retain One of Our Lawyers to Fight for You
You do not have to deal with the insurance company by yourself. Many insurers are multi-billion-dollar corporations with hundreds of employees whose jobs are to deny your claim or pay you as little money as possible.
A personal injury attorney can work directly with the insurance company and negotiate on your behalf. If the insurer refuses to settle the case for a fair amount, we can file a lawsuit in court to go after money damages.
For a free legal consultation, call (855) 605-2959
How Insurance Claims Work
When someone harms another person through carelessness, the injured person has a right to go after the at-fault party for their injury-related losses. If the negligent person has liability insurance covering the type of loss, the victim can claim against that insurance policy.
For example, if someone runs a red light and crashes into you, you can usually claim against the careless driver’s automobile liability insurance policy. You would contact the insurer and let them know about the accident to start the process.
A Claims Adjuster Is Assigned to Your Case
The insurance company will assign a claims adjuster to investigate and handle the matter. The claims adjuster will gather information about the collision, your injuries, and other related data.
After determining that their insured driver caused the accident, the claims adjuster then explores your losses, like medical expenses and lost wages. The adjuster will request settlement authorization, which is the amount of money he can pay you to settle your claim.
You Might Have to File a Lawsuit
If you reach an agreement with the insurance company, you will need to sign papers to get the settlement check. When there is no offer, you might have to file a lawsuit in court to go after the compensation you deserve.
What Are Some Pitfalls That Could Reduce the Value of Your Insurance Claim?
Things that happen long after the accident could affect the progression of your insurance claim. Here are some things you should know while your case unfolds:
Lawsuits and Insurance Claims Have Time Limits
Every state places a deadline, called a statute of limitations, on how much time people have to file lawsuits. In Nevada, we only have two years to file lawsuits seeking money for personal injury or wrongful death cases, according to NRS §11.190(4)(e). Dealing with the at-fault party’s insurer does not extend this time limit.
If you do not settle your insurance claim, you have to file a lawsuit before the two years expire. If you miss the two-year deadline, the insurer could deny you compensation on these grounds.
Recorded Statements Are Dangerous
Claims adjusters often ask injured people to give recorded statements, but this is almost always a bad idea. The insurer can use the transcript against you by taking your words out of context and offering less money than you deserve. If the adjuster asks you for a recorded statement, tell him to talk to your lawyer instead.
Do Not Assume That the Claims Adjuster Is Your Friend
Always remember that, no matter how charming he might act, the claims adjuster’s job is to deny your claim or pay you as little money as possible. It is not his job to warn you about the statute of limitations. The adjuster might even drag out the claims process in hopes that you will miss the deadline.
What Kinds of Losses Can Be a Part of an Insurance Claim?
Every insurance claim is different, so there is no standard list of items that a claim should involve. Depending on the facts of your situation, the American Bar Association (ABA) says that you might be able to include these damages in your personal injury insurance claim:
- The past medical expenses you incurred to treat your injuries
- The cost of future medical care you will need for the harm you experienced
- Lost wages for the unpaid time you missed from work because of the accident and your injuries
Many insurance policies do not cover non-economic damages, like pain and suffering. To secure compensation for those losses, you would have to file a lawsuit. There is no standard formula for calculating those expenses, either.
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Connect With the Attorneys on Our Team to Learn More
At Bernstein & Poisson, we handle personal injury insurance claims and cases on a contingency-fee basis. With this kind of fee arrangement, you do not have to pay any upfront legal fees. We do not get paid until you win. Also, we are happy to offer an initial consultation at no cost or obligation to you.
You can call us today to get started.