Your Personal Injury Claim Was Denied? 4 Steps to Take
Receiving a denial letter from the insurance company can be frustrating and demoralizing. If this has happened to you, there are certain steps you can take to ensure that you can still obtain the compensation to which you are entitled.
Our Lutherville personal injury attorneys at Berman | Sobin | Gross LLP assist clients with filing a claim for compensation and also appealing claim denials. We represent injured victims in Lutherville, Baltimore, Frederick, and the surrounding area.
Common Reasons for Personal Injury Claim Denials
There are several reasons insurers deny personal injury claims, including insufficient or inadequate evidence, pre-existing injuries, failure to meet deadlines, and instances where negligence cannot be proven. It is essential to understand the reason behind the denial thoroughly before making any move.
Note: In Maryland, injured persons have three years from the date of injury to pursue a personal injury lawsuit (Md. Code, Cts. & Jud. Proc. § 5-101).
4 Steps to Take if Your Personal Injury Claim Was Denied
If your personal injury claim was denied, take the following steps:
Step 1: Review the Denial Letter to Find Out Why the Claim Was Denied
After receiving the denial letter, it is advisable to dissect the letter thoroughly to understand why the claim was denied. Look for details such as deadlines, errors in the documentation, or evidence that is missing. If you cannot identify the reason for the denial, consider reaching out to the insurance adjuster.
Step 2: Contact an Attorney
When you realize your personal injury claim has been denied, it is crucial to contact an experienced attorney immediately. An attorney can scrutinize the details of your case, evaluate the validity of the denial letter, and determine how best to proceed. During the process, the attorney should be excellent in negotiations, be able to guide you adequately and help you prepare for the next course of action.
Step 3: Gather Evidence to Strengthen Your Case
To succeed in your personal injury claim appeal, it is advisable to have adequate and compelling evidence. After consulting with an attorney, you can gather additional evidence, including witness statements, expert opinions, medical reports, and any other relevant information. This evidence should then be presented to the insurer again as part of the request for reconsideration of the denial.
Step 4: File an Request for Reconsideration of the Denial with Your Attorney
After reviewing the denial, gathering new evidence, and seeking out an attorney’s guidance, you can start the process of requesting a reconsideration of the denial. This should be done with your attorney’s help to avoid making any critical mistakes. During the process, be patient, as it may take time for new evidence to be evaluated. It is common for insurers to deny these requests, but this does not mean the end of the road.
Your Claim Was Denied? Contact Berman | Sobin | Gross LLP
Understandably, getting your personal injury claim denied can feel like you have hit a dead-end and have no chance of securing the compensation you deserve. Fortunately, there are steps you can take to request a reconsideration of the denial of your claim and fight for compensation. If your claim was denied, reach out to Berman | Sobin | Gross LLP to get qualified legal guidance. Call 800-248-3352 to request a free case review.
Source:
mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-101
