HELP! My Injury Claim was DENIED!! UPDATE
Author: Brooke Grogan, Esq.
Recall that in my prior Blog of September 6, 2018, I explained the importance of retaining a lawyer as soon as possible, following an accident (slip and fall, car accident, or otherwise).
However, in my prior Blog, I also discussed the common reality that many injured claimants attempt to brave the claims process alone, hoping for a positive outcome, which is, unfortunately, rarely the case, and their claim ends up being denied. To the inexperienced, this may seem like the end of the road but sometimes, it is not. In my prior Blog, I gave an example of a client that presented to our Firm after her claim had been denied by the insurance carrier. She had already been discharged by 2 prior law firms when she came to our Firm (likely, due to the denial of coverage – these cases are NOT easy). The result of this claim (which I will share below), once again demonstrates the importance of hiring an experienced, aggressive personal injury law firm, that will take the time to investigate your claim and turn over every legal rock. I am happy to report that not only did we reverse the liability decision, but that the insurance carrier ended up accepting 100% liability. This required time, skill and perseverance and was a task that 2 other law firms had already neglected. As a result of our efforts, our client was able to not only pay all of her outstanding bills, but also receive settlement monies herself. To say that she was thankful is an understatement. Having been the attorney that guided this effort, I can share that my staff and I ended up discovering a recorded statement of an independent eyewitness that saw the accident. The recorded statement was taken 3 years prior to our Firm’s representation and was never known or discovered by either the client or either of the 2 prior law firms, prior to our representation. The witnesses statement was as clear as day – the other driver, not our client, ran a red light. We, of course, immediately shared this statement with the bodily injury adjuster, who immediately reevaluated the claim. This is but one example of a positive outcome of an injury claim that we have recently handled, after the claim was denied. However, we, as attorneys, see these types of claims all the time. It is not a legal myth that insurance companies take advantage of the unrepresented.