Some people who have been hurt in car crashes prefer to handle their insurance claims and reimbursement filings. Injured individuals have the right to represent themselves in court, but without legal representation, they are likely to receive less compensation. This is why you should hire a Colorado Springs accident injury lawyer.
A victim of car accidents may face multiple challenges on the path to obtaining financial compensation for their injuries and losses. An experienced car accident attorney in Colorado Springs can help you anticipate and address common issues during the settlement process.
There are several common tactics used by insurance firms to deny or undervalue claims, including the ones listed below.
Denial of Responsibility
An insurance company can simply deny the claim to avoid having to pay out on a claim for an injured person. A personal injury claim is submitted when someone sustains injuries as a result of the negligence of another party. A person cannot be held legally responsible for an accident they were not negligently responsible for. The victim’s insurer will thus have no responsibility to compensate the victim for injuries or financial losses.
There are many possible avenues that an insurance provider can use to avoid responsibility. The insurance company may claim that the sufferer was partially or entirely at fault in a car crash. Colorado law specifies that plaintiffs can only recover damages proportionate to the amount that those losses. And damages resulted from the defendant’s negligence.
Therefore, if the plaintiff and the defendant are 50% at blame for the accident. The plaintiff will only be entitled to recover 50% of his or her monetary damages from the defendant’s insurance company. This rule will be used by insurers to reduce the money they must pay out to victims of crime. In some cases, they’ll outright deny the claim because the plaintiff was to blame for the misfortune.
Someone could get hurt because the property owner wasn’t paying attention. A patron of a store, restaurant, public recreation facility, or other public establishment is wounded because of unsafe conditions. The company’s owner could be liable for negligent upkeep in such a scenario.
A consumer who sustains an injury must prove it. That the business owner knew or should have known about the risky circumstance but took no action to remedy it. An insurer can avoid paying out claims by claiming that customers had ample warning of the danger. In such a situation, the accident victim may feel compelled to explain his or her actions. Homeowners’ insurance providers may try to avoid responsibility by arguing that homeowners are subject to a greater standard of care.
A visitor to a private residence who sustains injuries must prove. That the host was aware of and should have warned them about a hidden, hazardous situation that contributed to those injuries. If the insurance company believes the victim should have known the risk was present since the condition was obvious, they may deny coverage.
Negligence of Pain and Suffering
When an insurance company cannot completely deny a claim. They will often try to reduce the amount of compensation they are required to pay out. The insurance company can reduce the amount it pays out if it disputes the victim’s assertions about the amount of money it lost. The claims adjuster may question the victim’s medical care.
This is especially the case with alternative therapies with lower public awareness, including chiropractic and acupuncture. The adjuster may also question the intensity of treatment. This also commonly occurs after chiropractic adjustments and other pain treatments.
Pain and suffering are usually the largest part of a personal injury award. On the other hand, pain is an inherently nebulous sensation that defies objective measurement. It also varies greatly from person to person. As a result, insurers almost always try to downplay an accident victim’s level of suffering to avoid paying out a settlement.
Other forms of intangible harm, such as the victim’s loved ones’ diminished quality of life due to the victim’s injuries, are also common targets. Victims should hire a personal injury lawyer to protect their rights and interests following an attack like this. A skilled lawyer will be your best defense against false accusations. A victim’s chances of being awarded full compensation for his or her subjective losses are improved by having an attorney present the case to the jury.
Stating that the current injuries were caused by a preexisting medical condition
One deceptive practice employed by insurance companies is to cast doubt on a client’s claim for treatment of a condition. That existed before the policyholder’s enrollment. The claims adjuster typically blamed the victim’s current distress on a previous injury. The insurance provider is under no obligation to pay for the patient’s existing condition. There has simply been a misunderstanding of the law here.
Defendants must pay damages under tort law to compensate victims for their injuries and emotional distress. Therefore, if a victim’s preexisting injury was made worse by the defendant’s carelessness, the defendant is liable for the victim’s increased pain and suffering. This is what “eggshell plaintiff rule” means. The defendant is responsible for compensating the whole value of the victim’s greater suffering, regardless of whether or not the victim was more vulnerable to accidents or sustained more severe injuries than other plaintiffs in the same occurrence.
You need competent legal representation for your auto accident case.
The Warrior Injury Law attorneys watch out for Colorado Springs locals and visitors alike, fighting for fair compensation for those who have been hurt in car accidents. Injuries sustained in car accidents in and around Colorado Springs are a common source of personal injury claims.
Our attorneys have decades of experience handling them through negotiation and litigation. Call 719-300-1100 right now to speak with a qualified personal injury attorney for free. Helping you through this challenging time is the top priority of our compassionate, knowledgeable staff.
