A denied personal injury claim can leave you feeling defeated, but all hope isn’t lost. In Texas, you have the right to challenge the insurance company’s decision and potentially appeal the denial of your claim.
At Byrd Davis Alden & Henrichson, LLP, we understand how frustrating it can be to face a denied personal injury claim. With over 60 years of experience as Austin’s oldest personal injury law firm, we have built a reputation for handling challenging cases with diligence and care. Recognized by U.S. News & World Report among the Best Law Firms in the U.S., we are committed to helping you explore your legal options and pursue the compensation you may deserve after an initial denial.
Common Reasons Personal Injury Claims Are Denied
Having your personal injury claim denied can feel like a major setback, but it doesn’t always mean the end of your case. Many claims are denied for reasons that can be addressed or contested. Common reasons include:
- Lack of sufficient evidence: Insurance companies require clear proof of both liability and the extent of injuries. Without strong documentation, they may reject your claim.
- Failure to meet policy terms: If your claim doesn’t meet the specific terms outlined in your insurance policy, it could be denied.
- Pre-existing conditions: If the insurance company believes your injuries were caused by a pre-existing condition rather than the accident itself, they may deny your claim.
- Failure to seek immediate medical treatment: If there is a significant gap between the accident and when you sought medical treatment, the insurer may question the severity of your injuries.
- Disputed liability: If the insurer believes the other party wasn’t at fault or that the accident occurred in a different way than you reported, they might deny your claim.
- Fraud or misrepresentation: If the insurance company suspects you’ve provided false information or misrepresented facts in your claim, they can deny it. This could include exaggerating injuries or providing inconsistent details about the accident.
- Missed deadlines: Each insurance policy typically has a set deadline for filing a claim. If you miss this deadline, your claim may be denied, regardless of the validity of your case.
If your claim has been denied for any of these reasons, it’s important to consult with an experienced attorney to explore your options and determine the best course of action moving forward.
How to Appeal a Denied Personal Injury Claim
If your personal injury claim has been denied, you still have options. Appealing the denial can be a complex process, but understanding the steps involved and working with a skilled attorney can help increase your chances of a successful outcome. Here’s how you can appeal your denied claim:
Review the Denial Letter
The first step is to carefully review the denial letter provided by the insurance company. This letter will outline the specific reasons for the denial, which can help you understand what went wrong. Identifying the cause of the denial is critical to determining how to proceed with the appeal.
Gather Additional Evidence
Once you know why your claim was denied, you can work on gathering any additional evidence that may support your case. This could include medical records, witness statements, police reports, or expert opinions. Strong documentation is often crucial in reversing a denial.
Request a Copy of Your Policy
Reviewing your insurance policy can provide clarity on the terms and conditions related to your claim. Understanding the policy can help you identify any discrepancies or issues that might have led to the denial.
File Your Appeal on Time
Insurance companies have deadlines for filing appeals, so it’s important to act quickly. Missing the deadline may result in a permanent denial of your claim. Be sure to submit all the necessary documents and supporting evidence before the appeal deadline expires.
Work With a Skilled Personal Injury Lawyer
Appealing a denied claim can be a challenging process, especially if the insurance company is difficult to work with. An experienced personal injury lawyer can help you navigate the complexities of the appeal process, negotiate with the insurer, and ensure that your rights are protected. They can also help present your case more effectively to increase your chances of success.
Consider Alternative Dispute Resolution
In some cases, your appeal may not resolve the issue. If this happens, you may be able to pursue alternative dispute resolution methods, such as mediation or arbitration. Your attorney can help determine whether these options are appropriate for your case.
Prepare for Litigation
If the appeal is unsuccessful, you may need to take legal action. Filing a lawsuit against the insurance company could be your next step in seeking compensation for your injuries. Your attorney can help you evaluate whether litigation is necessary and guide you through the process.
How Byrd Davis Alden & Henrichson, LLP Can Help With a Denied Claim
Facing a denied personal injury claim can be overwhelming, but you don’t have to go through it alone. At Byrd Davis Alden & Henrichson, LLP, we have over 60 years of experience as Austin’s oldest personal injury law firm. We understand the complexities of the appeals process and can help you gather the necessary evidence, file your appeal, and present a strong case to the insurance company or in court if necessary.
Our firm is recognized among the Best Law Firms in the U.S. by U.S. News & World Report, and our trial experience often allows us to secure favorable outcomes without going to court. If your claim has been denied, call us today to discuss your case and explore your options. Reach us at (512) 454-3751 or through our contact form.
