Personal injury claims in Missouri are usually filed by individuals who have been injured as the result of someone else’s negligence. These claims seek compensation for the injuries sustained, medical expenses, lost wages, and pain and suffering. However, there are times when personal injury claims are denied by insurance companies, which can be both frustrating and overwhelming for the victim. If you find yourself in this situation, there are certain steps you can take to handle a denied claim.
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Understanding personal injury laws in Missouri
Missouri is a comparative fault state, which means that fault for an accident can be allocated between the parties involved in the accident. The amount of damages that a victim can recover is reduced by their percentage of fault in the accident.
In Missouri, personal injury claims must be filed within five years from the date of the accident. There are certain exceptions to this rule, and it is important to consult with an experienced personal injury attorney to determine if your claim falls within those exceptions.
Reasons for denied personal injury claims
There are several reasons why personal injury claims may be denied by insurance companies. One common reason is that the insurance adjuster may determine that the victim was at fault for the accident. Another reason could be that the insurance company may argue that the victim’s injuries are not as severe as claimed or that the medical treatment received was unnecessary.
Steps to take in the event of a denied personal injury claim
If you receive notice that your personal injury claim has been denied, the first thing you should do is review the denial letter carefully. The letter will typically provide the reasons for the denial, and it is important to understand these reasons fully.
The next step is to contact an experienced personal injury attorney. An attorney can help you navigate through the appeals process or file a lawsuit against the responsible party. The attorney can also investigate the case to determine if there is additional evidence that can be presented to the insurance company or the court.
Filing an appeal
If your claim has been denied, you have the right to appeal the decision. To do this, you will need to follow the instructions provided in the denial letter. This may involve submitting additional documentation, such as medical records or witness statements.
The insurance company will review the appeal and make a decision. If the appeal is still denied, you may be able to file a lawsuit against the responsible party.
Filing a lawsuit
If your personal injury claim has been denied, you may be able to file a lawsuit against the responsible party. This involves hiring an attorney and filing a complaint in court. The complaint will outline the allegations and the damages being sought.
The responsible party will be served with the complaint, and they will have a certain amount of time to respond. The case will then proceed to discovery, where both parties will exchange evidence and information relevant to the case.
If the case does not settle before trial, it will proceed to trial where a judge or jury will hear the evidence and make a decision on liability and damages.
Conclusion
If your Missouri personal injury claim has been denied, it is important not to give up. You have the right to appeal the decision and file a lawsuit against the responsible party. Working with an experienced personal injury attorney can help you navigate through the process and increase your chances of success. Remember, time is of the essence, so do not delay in your actions.