Dealing With Insurance Companies After an Injury

Dealing with insurance companies after an injury can be one of the most stressful experiences you have after an accident — almost as traumatic as the accident itself. You are already facing the challenges of your new normal, which likely entails massive financial and physical burdens. The last thing you need is to relive one of the most painful experiences of your life, only to have it picked apart by an indifferent, or even skeptical, insurance adjuster who is trying to undermine you at every turn.

Many victims of accidents understandably find themselves overwhelmed by the complexities of insurance policies and the tactics employed by adjusters. After all, they are the professionals — it is their job to try to pay out as little as possible, even if you are totally deserving. That is just the unfortunate reality of insurance, despite the fact that it seems like it should be in place to help you.

They might request extensive documentation, ask probing questions, or even try to pressure you into accepting a lower settlement offer than your injuries are worth. It is easy for the process to feel adversarial, especially when the adjuster cares more about their company’s bottom line than your well-being.

Whether you were injured and are just starting to get your bearings or you are currently embroiled in a battle with your own insurance company, here is a brief guide to help you deal with the process.

Do not let insurance companies bully you out of the help you need to recover. Call Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) today to see how we can help.

Understanding Your Insurance Company’s Tactics

Insurance companies employ many tactics to minimize their payouts or even deny legitimate settlements. They might request a recorded statement from you shortly after the accident, taking advantage of your shock and disorientation.

They might also try to take advantage of your desperation and offer a lowball settlement that is far below the value of your injuries or delay or deny your claim outright without providing a clear explanation.

All of these tactics can leave you feeling like you have no leg to stand on. But understand that you are not obligated to accept their first settlement offer, nor to back down without a fight.

Insurance adjusters will usually try to convince you that any settlement they offer is fair, but it is often far less than you are entitled to. Before you agree to any settlement, it is a good idea to consult with an attorney or someone qualified to evaluate the true value of your claim.

Fighting Back

Proper documentation is one of the best defenses in your arsenal against an insurance company’s underhanded tactics. Make sure you get all relevant documentation in order, especially:

• Medical records — doctor’s notes, hospital records, physical therapy notes, and prescription history — that detail your injuries and treatments;
• Police reports from the scene of the accident;
• Photos or videos of the accident scene and your visible injuries;
• Records of lost wages and other expenses incurred; and
• Any communication you have had with your insurance company.

Detailed records like these provide valuable evidence to support your claim. Do not leave any stone unturned. Even if something seems insignificant — such as a brief phone call or short email chain with an adjuster — keep a record of it. The more comprehensive your documentation is, the better off you are.

Additionally, though it might not seem to be the case based on how insurance companies behave, you have rights that they must respect:

• The right to fair and reasonable compensation for your injuries;
• The right to seek legal representation;
• The right to refuse a settlement offer; and
• The right to appeal a denied claim.

Insurance companies are not on your side — they are businesses, at the end of the day, and they are in it for themselves. But knowing your rights can help you protect yourself from being taken advantage of.

Legal Considerations

Personal injury claims are often complex. While some accidents are clear cut, with one party obviously at fault and the other the victim, real life is generally much more complicated.

Then there is the fact that insurance companies may try to make you seem negligent, or at least partially responsible, even when you were not. That is part of what they are after, for example, if they ask you to make a recorded statement, especially when you are in a vulnerable position right after the accident — they are often looking for ways to twist your words.

Proving negligence is key to the success of almost any personal injury claim. If you do not know the ins and outs of the law, doing this might be even more difficult than it sounds. But a personal injury attorney knows how to build a case for negligence.

And even if you are partially responsible for your accident, that does not mean you are not eligible for compensation. Comparative negligence dictates that you are still entitled to recovery as long as you are found to be less than 51% at fault.

Finally, while it is reasonable to deliberate on what to do, especially if you are feeling overwhelmed, bear in mind that there is a three-year statute of limitations to pursue personal injury claims — and the clock starts ticking from the day of your accident.

Winning Is NO Accident!

Having the right legal representation in your corner can make or break your battle with your insurance company. Christopher F. Cava and Jennfer L. Cava-Foreman at Cava Law Firm are dedicated to fighting for your rights and ensuring you get the compensation you deserve. We empathize with the emotional and financial burdens you face and have battled insurance companies for years on behalf of people just like you.

Do not take on the insurance companies alone. Contact Cava Law Firm at (413) 737-3430 or (413) 781-CAVA (2282) for a free case review.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]