Blog
My Personal Injury Claim Was Denied: What Can I Do?
Updated:
06.27.23
Sustaining an injury due to someone else’s negligence can be emotionally and financially devastating. This is why most people turn to insurance companies to receive compensation for their losses.
However, if your claim was denied, you might feel disappointed and unsure of what to do next. Just because your claim was denied does not necessarily mean that it will be impossible to get compensation. Our personal injury lawyer at Cameron Law can explain what you can do if your claim was denied to obtain the coverage that was paid for.
Common Reasons Insurance Companies Deny Personal Injury Claims
Insurance companies have various reasons for denying personal injury claims. Here are six of the most common ones:
- Lack of medical evidence. Insurance adjusters will want to have a clear understanding of your injury and the resulting medical expenses. You need to provide detailed and compelling medical records that document your treatment, diagnosis, and prognosis.
- Questionable cause of the injury. If the insurance adjusters cannot clearly see the link between your injuries and the accident, they will likely deny your claim.
- Pre-existing medical injuries. Your claim will be scrutinized if you had a pre-existing medical condition. Insurance companies will try to argue that your injury was related to this existing injury.
- Late reporting. Insurance companies usually have a specific window of time when accidents should be reported. In case of late reporting, they might argue that it’s hard to investigate the accident’s cause and impact.
- Policy coverage constraints. Insurance adjusters also deny claims if the policy covering the injury does not cover the incidence type of injury you sustained.
- Inadequate coverage. Your claim might be denied if the insurer thinks the coverage is insufficient to meet the medical bills and other expenses.
Depending on the reason for the denial of your claim, you can either appeal the denied claim or file a bad faith claim against the insurer.
Appealing a Denied Claim
If you receive a claim denial, there exists a chance for you to appeal the decision through a series of administrative procedures. The first step is to read the company’s decision carefully and try to understand why your claim was denied. You may then file an appeal specifying their exact reasons for denying the claim and provide any additional information or documentation to support your claim.
While an appeal can be successful, it is essential to understand that an appeal gives no guarantee that the insurer will change the initial decision. This is why you might want to work with a personal injury lawyer who can guide you through the process and maximize your chances of a successful appeal.
Filing a Bad-Faith Claim Against the Insurance Company
Insurance companies are expected to deal with clients in good faith. However, if your insurer is withholding payments or acting in bad faith, you have the option of filing a bad faith claim against them. In a bad-faith case, liability for damages is often much more extensive than in traditional personal injury cases.
Bad faith is generally a legal term that describes an insurer’s wrongdoing. If they are found guilty of such actions, the insurer may be liable for punitive damages, court damages, and attorney fees, as well as any damages for which they are responsible. According to the official website of the State Bar of Nevada, insurance companies that act in bad faith may be subject to punitive damages.
Why You Need a Personal Injury Lawyer if Your Claim Was Denied
It is always necessary to consult with an experienced attorney following an injury claim denial. Many of the factors leading to denied claims require professional legal guidance and experience. The attorney steps in to explore the specifics of your case, guides you in the appeals process, and files a bad-faith claim against the insurance company on your behalf.
Book a Free Consultation
Available 24/7
(702) 745-4545
No items found.
2023-06-27
2024-07-18
Posts
Latest Blog Posts by Daven P. Cameron
What Happens If Your Car Gets Hit in a Police Chase?
Navigate the legal intricacies of post-pursuit car accidents. Gain insight into liability, policy frameworks, and recoverable damages. Get a consultation today!
Updated:
09.05.24
Structured Settlement: A Comprehensive Guide 2024
Explore structured settlements for financial stability through reliable income streams, perfect for personal injury and wrongful death cases. Consult with us now!
Updated:
09.04.24
Questions to Ask When Choosing an Injury Lawyer
Despite all the advertisements, if you’re in an accident, and it’s time to find an attorney, you may end up a little stumped: how do I know which attorney to choose? Sure, there are a lot of attorneys out there. But when you do reach out to them, what questions should you ask, so that you know you have the right attorney for the job?
Updated:
08.01.24
Is It Required to Have Uninsured Motorist Coverage (UM) in Nevada?
Navigating the complexities of auto insurance can be daunting, especially when it comes to protecting yourself from uninsured motorists in Nevada. An auto insurance policy includes various components, one of which is Uninsured Motorist Coverage (UM). Uninsured Motorist Coverage (UM) is not only mandatory in this state but also essential for safeguarding your finances in case of accidents with uninsured drivers. Understanding how UM works can ensure you’re adequately protected against unexpected expenses that could arise from such incidents. Whether you need advice on UM coverage, assistance with filing a claim, or representation in negotiations, our company with experienced Las Vegas car accident lawyers are here to help you.
Updated:
07.18.24
What to Do in a Hit-and-Run Accident in Las Vegas, Nevada (FAQ 2024)
Discover compensation options & defense strategies. Contact our hit and run accident attorneys at Cameron Law for a free consultation if involved in a hit and run.
Updated:
07.18.24
Nevada Motorcycle Helmet Law (FAQ 2024) – All You Need To Know
Are you confused about Nevada's motorcycle helmet laws? This blog post will provide a comprehensive overview of the regulations, including requirements for motorcycle drivers and passengers, potential penalties for non-compliance, strategies for contesting citations and much more. Whether you're a seasoned rider or just getting started, this blog will equip you with the knowledge to navigate Nevada's helmet laws and prioritize your safety on the road. If you need urgent assistance from the well-qualified Las Vegas motorcycle accident lawyer, call Cameron Law at 702-745-4545.
Updated:
07.18.24
Nevada Ride-Sharing Accident Laws ‒ Everything You Need to Know
Explore Nevada ride-sharing accident laws, including regulations, insurance requirements. Reach out to our Las Vegas ride-sharing accident lawyer for consultation today!
Updated:
07.18.24
When Can a Pedestrian Be at Fault for a Car Accident? Pedestrian Accident Liability in Nevada
Pedestrian Accident Liability in Nevada: Can a Pedestrian Be at Fault?
Updated:
07.18.24
If Your Car Looks Crushed in an Accident, That May Be a Safety Feature
If you are in a car accident, one way the defense will defend their case, is to refute how injured you are. That probably comes as no surprise to you. What may surprise you, is how they try to prove that you weren’t injured, because it has nothing to do with your body or the condition of your body. Rather, it has to do with your car and the damage that it sustained.
Updated:
05.22.24
Hot Coffee and Hot Food Can Lead to Real Injuries
When it comes to dangerous foods, often, it isn’t the food that a restaurant or business is serving you that is dangerous. Often, it’s the temperature of that food. And yes, while we all expect hot food to be hot, there’s a difference between hot food and food that is so scalding hot that it can do damage to our bodies.
Updated:
05.22.24
What Decisions Will Truly Autonomous Cars Have to Make When It Comes to Safety?
Although it feels like our cars are thinking on their own, they aren’t completely there just yet. But they will be, and you probably already know that fully self-driving cars are being tested. Some cars, like Teslas, actually have self-driving features, but even the manufacturer warns that their cars are not prepared to fully drive themselves everywhere, without human intervention.
Updated:
05.22.24
Nevada’s Nursing Home Ratings are and Have Been Pretty Bad
We all know that nursing homes can be dangerous, and can neglect, or even abuse residents. But how bad are they? And more specifically, how does Nevada do, in comparison with other states in the country?
Updated:
05.22.24
The Insurance Company and the Duty to Defend in Injury Cases
You will often hear or read, or perhaps hear your personal injury attorney talk both about “The Defendant” and “the Insurance company for the Defendant.” You may even hear your attorney talk about “The Defendant’s attorney” or “The attorney for the insurance company.”
Updated:
05.16.24
Claiming Compensation After Child Brain Injury
As adults, we are generally well aware of brain injuries — how bad they can be, what the signs and symptoms are, or how to even know if you’ve sustained them. But what about minors and kids? Minors get involved in accidents and have traumatic brain injuries (TBIs), but we often aren’t as prepared to recognize the symptoms — or the long-term consequences — when minors sustain TBIs
Updated:
05.16.24
Cruises Can Be Fun Until You Read the Cruise Ticket
Going on a cruise? Enjoy yourself. Just don’t let that multi-page cruise ticket ruin your trip. Because if you read what is on that cruise ticket, you may think twice about booking that trip.
Updated:
05.16.24
Why Pedestrian Accident Cases Can be Difficult Cases to Win
When a car hits a pedestrian, it is only natural to make the assumption that it is the vehicle that is at fault. After all, cars are bigger than people, and should look out for pedestrians. So when people (pedestrians) are hit, the cars are almost always assumed to be at fault.But that’s actually not how it happens, in a real pedestrian accident case. In fact, cases where people are hit by cars can be very difficult for the injured pedestrian to win, and a number of factors make these cases more complex than you may initially think.
Updated:
03.28.24
Unfairly Prejudicial Evidence May not be Used in Trial
Let’s say you have evidence that helps your case. Good evidence. Evidence that is so persuasive and convincing you know it will help convince a jury to see your side if your case goes to trial. There’s just one problem: the evidence is so good and so persuasive to a jury, that the court doesn’t allow you to use it.
Updated:
03.27.24
Don’t Believe These Personal Injury Law Myths
Personal injury cases, unlike some other kinds of legal cases, often make news. Between cases that make the news and lawyers that advertise in the media, the general public learns of or hears of a decent amount of personal injury information.
Updated:
03.22.24
Laceration Injuries Can Be Severe-Even Deadly
Were you in an accident, and your injury is “just a cut?” It’s funny how when we cut ourselves, people look at the injury as minor, like it’s just a small scratch. In reality, lacerations can be painful, and even debilitating, if they are bad enough and severe enough.Lacerations are a sad reality in any kind of accident, and you don’t have to be exposed to any kind of sharp edge or knife blade to get cut.
Updated:
03.21.24
Can a Trespasser Sue for Injuries on Someone Else's Property?
PROPERTY? We all know that a property owner is liable for injuries that the owner causes to the people who are supposed to be on the property. But what about people who aren’t supposed to be on the property? What happens when a trespasser is injured?
Updated:
03.14.24
Elevators Cause More Injuries Than You May Think
Going up or down? Either way, you could face some degree of danger, if you’re on an elevator. Many of us get the chills thinking about being caught in a closed, broken, elevator, waiting for help. But even when the elevator seemingly works, there are still things that can go very wrong, and cause injury to people.
Updated:
03.08.24
Special Issues When Kids are Injured
While all injuries seem sad and tragic, when it comes to kids, accidents seem all the more tragic and sad. And while the law itself is the same regardless of whether dealing with a child or an adult, there are things about when a child is injured that make the case a bit different than it would originally be, when an adult is injured.
Updated:
03.07.24
The Dangers of Lane Change Accidents
One day you are driving on the road, just going straight, without any intersections, lights, or stop signs. And then it happens: you get into an accident. How did that happen? It probably happened from a lane change or lane departure accident, which is actually more complex than you may at first think.
Updated:
02.29.24
Getting Blamed for Your Own Accident Can Cost You a Lot of Money
If you are in an accident, you are a victim. And as a victim, it is hard to imagine that you could be blamed for the accident, or for your own injuries. But that’s exactly what many defendants do in personal injury cases. Not only do they blame the victim for causing the accident, in full or in part, but they are legally allowed to do so—and if a jury believes the Defendant enough, it could forever bar you from recovering damages in your accident.
Updated:
02.23.24
Is There a Link Between Heart Attacks and Accidents
Back injuries. Head injuries. Knee, shoulder, and other joints. All injuries that you would normally associate with accidents of any kind. But what about heart attacks? We tend to think of heart attacks as events that happen because of genetics, or long-term habits like bad eating. But you may be surprised to know that there is a causal link that has been found, between the occurrence of a heart attack, and people who have been in accidents.
Updated:
02.22.24
Not Exactly Humpty Dumpty, But the Eggshell Plaintiff
Imagine there are two people, and they are in the exact same kind of accident, and suffer the exact same kind of injury. One goes through recovery, maybe misses a few weeks of work, and is back to work like new. The other seemingly never fully recovers; he is constantly in need of therapy, in constant pain, and misses extended time at work.
Updated:
02.22.24
Watch Out If You’re Asked to Sign a Blanket Medical Authorization
Let’s say that you have made the somewhat poor decision to represent yourself after an accident. Everything seems to be going well; the insurance company is even saying they may want to offer to settle your case. All they need is a blanket medical authorization.
Updated:
02.16.24
Can a Biomechanical Expert Help Your Injury Case?
In the world of personal injury law, there are all kinds of experts that you may need to provide expert testimony about your case. But one kind of expert that is often overlooked, is the biomechanical expert. The biomechanical expert bridges the gap between your accident, and your injuries, showing the jury how your body may have been affected, by the forces and the impact that you suffered in your accident.
Updated:
02.15.24
Proving Loss of the Enjoyment or Quality of Life
When it comes to injuries that don’t have an exact price tag—sometimes called “non economic damages”—pain and suffering is the primary thing that most of us think of. But there is another area where a victim may be entitled to compensation for non-economic damages: Loss of the enjoyment or quality of life.
Updated:
02.08.24
You'Ve Won Your Case! But Will You Ever Get Paid?
When people are injured and they file injury lawsuits, they understandably look primarily at whether they can win their case, and how much they will be compensated in any successful lawsuit. But often, victims don’t look to another, just as important question: Even if you win your case, will you actually get paid from the Defendant?
Updated:
01.26.24
Property Owners Can’t Delegate Certain Duties to Third Parties
On and in many properties, there are many companies that may be responsible for some, or all, of the company’s operations. In a typical store, especially a larger one, you may have warehousing companies, third parties that come into the store to sell their own goods, security companies, or cleaning and maintenance companies.
Updated:
01.19.24
Falls: the Hidden Danger in Hospitals
Hospitals are supposed to be safe. But increasingly, studies are showing that they can actually be dangerous—and not for the reasons that you may think. When we think of potential dangers or risks in a hospital, we often just assume that medical errors or medical malpractice are the big risks that patients should worry about. And while malpractice is a risk, there is another risk that is much less publicized: the risk of falls.
Updated:
01.12.24
A Lot of People May Be Liable for Your Trucking Accident
Let’s say that you are in an accident with a large truck, sometimes called an 18-wheeler or a semi-truck. You know the truck caused the injury, so you assume, you sue the trucking company for compensation for your injuries.
Updated:
01.11.24
Rideshare Drivers and the Inherent Distractions of Their Jobs
Rideshare Drivers and the Inherent Distractions of Their Jobs
Updated:
01.08.24
After a Car Accident, What Do You Do with the Children's Car Seat?
Let’s say that you’re in an accident, and your car has sustained damage, but it gets repaired and it’s still drivable. You probably don’t give much thought to the children’s car seat that was in the car at the time of the accident—especially if the car seat at first glance looks fine. But how damaged is that car seat? Does it need to be replaced after a car accident?
Updated:
01.05.24
Think You’re Being Protected by Safety Laws at Amusement Parks? Think Again
Let’s say that you go to an amusement park, someplace with rides and roller coasters. Those look like pretty dangerous activities—you’re being hurled in the air at high speeds by something mechanical that looks like it’s just barely hanging onto the tracks. Are you safe? And who is keeping you safe?
Updated:
1.4.2024
Dealing with an Insurance Adjuster on a Personal Injury Claim: All You Need to Know
When filing a personal injury claim, it’s important to understand the pivotal role that insurance adjusters play. These professionals manage claims on behalf of insurance companies, aiming to minimize payouts while protecting their employer's interests.
Updated:
12.22.23
Liability When Someone Commits Suicide
As a nation, we have put a lot of money into suicide awareness and prevention, and for aid to those who may feel like suicide is the only answer. But the sad fact is that suicide does happen. When it does, it can and will devastate a family. Understandably, blaming others may not be the first thing on your mind, if your family is dealing with a suicide.But there are times when someone may be liable for a suicide, and if you are a family grieving for a lost loved one, you may want to know whether someone who could have helped, failed to do so.
Updated:
12.21.23
How Does an Insurance Company Know How Much to Offer to Settle Your Case?
You probably already know that in most cases, there is an insurance company on the other side of the case, that is evaluating your claim or case, and making vital decisions about whether they want to offer to settle your case, or whether they want to take your case all the way to trial.
Updated:
12.15.23
Foreign, Dangerous, and Disgusting Objects in Our Food
When you order food or buy it, you expect that the only thing in that food would be the otherwise palatable and edible ingredients that you would expect to be in that food. But unfortunately, that isn’t the case sometimes. Sometimes, we find things in our food or food products that should not be there.
Updated:
12.14.23