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Phoenix Personal Injury Lawyers Pull Back The Curtain on Insurance Settlements

Jan 20

Phoenix Personal Injury Lawyers Pull Back The Curtain on Insurance Settlements

personal injury claims

 

Pulling Back The Curtain on Tactics Used By Insurance Companies to Reduce Settlements

We've all been there, an auto accident, slip & fall, or another personal injury, all you want is fair compensation from your insurance company. Unfortunately for accident victims, insurance companies fight personal injury claims to avoid paying money. If you are not prepared before contacting your insurance company or meeting with an adjuster, you may very well walk away empty-handed. In a recent article Phoenix personal injury lawyers pulled back the curtain on the tactics used by insurance companies to reduce the payout to settle claims. Insurance companies will use various tactics to fight your personal injury claim or lower the amount of the settlement. Here’s a list of the most common tactics:

1. Blame the Victim

This is a common tactic. Don’t be surprised if the insurance claims adjuster attempts to shift the blame for the accident to you. Blaming the victim is a common tactic to avoid liability for a car accident or another personal injury. If the case goes to trial, and the insurance company can convince a jury that you were even partially at fault, they can reduce the amount of the claim paid to you. If your insurance company tries to claim you are at fault, hire a personal injury lawyer to represent your case.

2. Denial of Claim Due To Delayed Medical Care

Prompt medical care is essential for your personal injury claim. Document any injuries or symptoms with a doctor for your claim. Failing to seek prompt medical care leaves the door open for the insurance company to argue your injuries were from a previous accident.

3. Delaying The Case

Dragging out the case benefits the insurance company. Dragging out the case delays the settlement, so delays put pressure on you to accept a quick settlement. The insurance company may also delay the case to create a statute of limitation defense. In Arizona, the statute of limitations on personal injury cases is 2 years. For some situations, the statute of limitations may increase or decrease the time to file a claim. Talk to a lawyer as soon as possible after an accident to avoid a problem.

4. Requiring Recorded or Written Statements

A claims adjuster may ask you to provide a written or recorded statement to process your claim. This tactic is used to obtain information to use against you to deny the claim. Your conversations with the insurance company are usually recorded. Anything you say can be used against you to reduce your claim. Be careful what you say to insurance adjusters. Claim adjusters work to protect the insurance company’s interest not yours, regardless of what they tell you. It is not in your interest to give a written or recorded statement to your insurance company without talking to a personal injury attorney.

5. Asking You For Access to Your Medical Records

A common tactic is to request a medical records release to gather evidence that can be used to lower the value of your claim. The adjuster may tell you to verify your injuries the insurance company must have copies of your medical records. It is very likely that the insurance company will obtain copies of your full medical history to search for prior injuries and argue that they are responsible for your injury. There are laws that prevent insurance companies from denying claims based on prior injuries or pre-existing conditions. Consult a personal injury lawyer before signing any record release forms.

6. Pressuring You For A Quick Settlement

The insurance company may offer you a quick settlement before you have a chance to consult with a personal injury lawyer. The first offer is almost always lower than the value of your claim. If you have been injured in an accident, it’s never in your best interest to settle an injury claim before medical treatment is completed. The full extent of your injuries may not be known until all medical treatment has been completed.

7. Suggesting That an Attorney Will Take All Your Money

You will likely be discouraged from consulting a personal injury lawyer by the Insurance Company. The claims adjuster may suggest the settlement does not require an attorney or that an attorney will just take all the money. However, in reality, most personal injury attorneys accept cases on a contingency fee, so you pay nothing, and in fact legal representation will likely increase the amount you receive from a settlement.

The Advantage of Having a Personal Injury Lawyer

You may believe you can negotiate with your insurance company without a lawyer. However, hiring an lawyer could increase the amount of the settlement you receive from your injury claim. An attorney understands the monetary damages available for an injury claim and they know how to maximize the value of your settlement. In a recent article, it was estimated that 91% of people represented by a personal injury attorney get a settlement compared to just 51% who do not. In addition, the amount you receive could be 2-3 times more with an attorney negotiating the settlement. If you are injured due to someone else’s actions in Phoenix or the surrounding communities, and you’re dealing with an insurance company, don’t go it alone. Contact a car accident or personal injury lawyer.

What About Criminal, DUI, or Family Law Cases?

While much of the same advice applies when facing criminal charges, DUI charges, or a family dispute in Arizona, personal injury law is unique in that you are fighting for monetary compensation. Because of that fact it is quite common for personal injury lawyers to work on a contingency basis, taking their compensation out of the settlement and not your pocket. Unfortunately, for almost all other practice areas you’ll most likely have to dig deep into your pockets. Since freedom is on the line and you most likely will pay dearly for it, you should make sure you find an attorney or lawyer experienced in the predicament you find yourself|If you are paying for it, you’ll want to find a best criminal defense lawyer, DUI lawyer, or family law or divorce lawyer that best suits your circumstances}. Here is a list of Phoenix area criminal defense, family law, and DUI lawyers in the Phoenix valley and surrounding areas to get you started.

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Phoenix Legal Map

Here’s a map of criminal defense lawyers, DUI lawyers, family law attorneys, and divorce lawyers throughout the Phoenix valley and communities.