Claim Strategy Attorneys in Durham
Helping North Carolinians Navigate the Claims Process
Insurance adjusters are trained to deal with even the most complicated aspects of the personal injury claims process. As such, you should spend as much time as you have available to ensure that you know your rights and understand the process before you begin seeking compensation. Moreover, developing a sophisticated claim strategy to deal with the trained insurance adjusters should give your injury claim a fighting chance. Our Durham attorneys have years of experience developing effective strategies for clients and can provide the representation you need in your case.
Why Did My Claim Get Denied?
As you file your claim with the insurance company, you may be counting on the recovery proceeds to pay for your medical bills and other expenses. However, unfortunately every case is different, and your claim may be denied by the insurance company for a variety of reasons. Understanding why claims can be denied may help you to frame your claim in a manner that could lower your chances of having your claim denied.
The leading factor for claims denials of a personal injury claim is contributory negligence. Contributory negligence is recognized in North Carolina, and under this rule whenever a person is found to share any responsibility for his or her damages, they are barred from recovering compensation for those damages. This means that even if you are found to be only 1 percent at fault, you cannot collect compensation for your injuries.
Another significant factor for the denial of a personal injury claim is delaying or failing to seek medical treatment. In general, most of us do not enjoy going to the doctor or the emergency room. However, if you are injured in an accident, avoiding medical treatment can be detrimental to you or your potential injury claim. As such, it is important to seek the medical treatment that is both reasonable and necessary under the circumstances. Seeking treatment immediately after your accident and having your injuries diagnosed can provide you with a much stronger basis in causation for your personal injury claim.
About the Claims Process
Once a claims adjuster receives your information, they will begin to investigate and prepare their position and arguments for your insurance claim. In general, adjusters will contact you the day the claim is opened. An important claims strategy deals with knowing how to handle the first conversation with the claims adjuster, because it could potentially impact your final recovery.
The first conversation that you will have with an adjuster is important because it will help set the tone for the entire negotiation and claims process. It is understandable that you may be emotional or angry about the situation or your injuries, but you should refrain from taking those frustrations out on the adjuster. It is important to remember that the adjuster is a human being and taking your anger out on them will not help your situation. Being polite and courteous will play a role in how the adjuster negotiates or handles your claim.
What Not to Do When Communicating with an Adjuster
During this first conversation, the adjuster will likely ask you to sign a release for access to your medical records. We will recommend that you politely decline signing the release of your medical records. It is important to understand that whatever you say to the adjuster will likely be used against you, so be careful when speaking to the adjuster.
It is important to remember as well to not discuss the facts of the accident until you present your demand package or until you have gathered certain evidence. Adjusters are good at their job and will often attempt to engage in conversation that will try to get certain facts out of you. You may discuss the most basic facts of your case, but it is critical to remember to keep it simple (where, when, vehicles involved in the accident, etc.) You should politely refuse to discuss any of the facts beyond these basic ones, as a detailed breakdown of the facts in your case should be included in your demand package.
Negotiating with an insurance claim adjuster can take hard work and preparation. These adjusters have handled many claims. Please remember to be polite but firm and remind the adjusters that you require time to treat your injuries and investigate your claim. This is your claim and you should be the one to set how these negotiations will go.
Need a claim strategy? Don’t waste any more time. Call our Durham team today at (919) 887-7892 to have our seasoned attorneys get started on your case.
I want to brag about my experience!- Mary P.
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$1,900,000 Wrongful Death
$900,000 Wrongful Death
Our client was thrown from his motorcycle and was pronounced deceased on the scene.
$122,000 Car Accident
Vehicle made a left-hand turn, failing to yield the right of way.
$104,000 Severe Injury
We were able to not only receive policy limits for our client but were able to negotiate her medical bills and liens to ensure that she was able to keep a good portion of the settlement.
$104,000 Serious Injuries
Client was a passenger in a vehicle that was driving through an intersection when another vehicle ran a stop sign and t-boned the vehicle our client was in.
$102,000 Serious Injuries
Elderly client was a passenger in a vehicle that was t-boned in an intersection where a driver failed to yield the right of way.
$68,712 Back Injury
Our client suffered a rare injury that is not typically seen with the mechanics of the accident and the minimal rate of speed.
$61,000 Serious Injuries
Rear-end collision where our client was pushed off the road and came to rest after colliding with several trees.
$55,000 Personal Injury
Due to our client’s age and health prior to the accident, the insurance company tried to fight several of the damages in which our client was entitled.
$52,000 Serious Injuries
Our client suffered injuries resulting in a visit to the hospital and a chiropractor.