Hurt in an accident? Whether it was a car crash or a slip and fall, you have the right to make a claim against the at-fault party for your damages. Unfortunately, insurance companies are in the busy of treating people—including their own insureds—unfairly. This raises an important question: What should I do if the insurance company will not settle my personal injury case? Many of my clients find me after an insurance company has denied their claim or grossly undervalued their claim. We fight insurance companies every day, and in those circumstances, we always investigate.
Below are the steps our Kansas City personal injury lawyer highlights the steps to take if the insurance company refuses to settle your claim.
Step #1: Clarify the Reasoning for the Refusal to Settle
The first step towards effectively challenging a refusal to settle is knowing exactly why the insurance company made the adverse decision. We always request a clear and detailed explanation. Common reasons for refusal include disputes over liability, insufficient evidence of damages, or a belief that a claim’s is worth less than the law says it is. Personal injury cases that are not settled generally run into one of the following two issues:
- The insurance company argues that there is no liability; and
- The insurance company disputes the value of the claim.
Step #2: Build a Stronger Case (Liability and Damages)
We make sure to put forward the strongest possible personal injury claim. An experienced Kansas City personal injury lawyer can help. We start by gathering all of the evidence to support your claim—such as witness statements, medical records, accident reports, alcohol influence reports, and potentially expert testimony. We also directly address any weaknesses the insurer identified, such as insufficient proof of liability or incomplete documentation of injuries. Demonstrating clear, convincing evidence of both liability and damages is the key to improving negotiating position.
Step #3: File a Personal Injury Lawsuit and/or Prepare for Litigation
If negotiations reach an impasse, it may be time to file a personal injury lawsuit. All jurisdiction have a statute of limitations by which a lawsuit must be filed; otherwise, your claim could be forever barred. Some jurisdictions and cities have additional notice requirements. Thus, legal action must be taken before the deadline expires. Filing a lawsuit has to make sense—when an insurance company has unfairly denied a claim or undervalued a claim, filing a lawsuit may be the best course of action to move the case forward. Economic factors must be considered as well—including the cost of litigation and the policy limits applicable in a given case. In some cases, filing suit can prompt renewed settlement discussions. You should always work with a trial-tested Kansas City personal injury attorney who can help prepare your case for litigation.
Set Up a Free Consultation With a Top Kansas City Personal Injury Attorney Today
At House Law LLC, our Kansas City personal injury lawyer has extensive experience handling settlement negotiations. If you have any questions about your options, we are here to help. Call us now or contact us online to set up your free, no-obligation case review. With an office in Kansas City, our firm provides personal injury representation to victims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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