Sustaining an injury due to the negligence of someone else can be a traumatic experience. Many people who suffer these injuries file personal injury claims to seek compensation for their medical expenses, lost wages, and pain and suffering. Unfortunately, sometimes personal injury claims in South Carolina are denied.
If this happens to you, it’s important to know how to fight back. In this article, we’ll discuss the steps you can take to deal with a denied personal injury claim in South Carolina.
Table of Contents
Understanding Why Your Claim Was Denied
The first step in dealing with a denied personal injury claim is to understand why your claim was denied. The insurance company may have denied your claim for a variety of reasons, including:
- Lack of evidence: The insurance company may have reviewed your claim and determined that there wasn’t enough evidence to support your claim.
- Pre-existing injuries: If you had a pre-existing injury, the insurance company may have denied your claim for that injury.
- Failure to meet deadlines: There are strict deadlines for filing personal injury claims in South Carolina. If you missed any deadlines or failed to submit the necessary paperwork, your claim may have been denied.
- Dispute over fault: The insurance company may dispute the fault of the party responsible for your injury and deny your claim as a result.
Once you understand why your claim was denied, you can begin to take action to dispute the denial.
Review Your Claim
Once you receive a letter denying your claim, it’s important to review the details of your claim. Look for any errors or omissions in your claim that might have led to its denial. Review any medical records or police reports that you submitted to ensure that they are accurate and complete.
Gather More Evidence
If lack of evidence was the reason your claim was denied, you may need to gather more evidence to support your claim. For example, you may want to:
- Obtain additional medical records or reports from your doctors and specialists
- Get statements from witnesses who saw the accident
- Hire an expert witness to testify about the severity of your injuries and their impact on your life
Contact an Attorney
If you haven’t already spoken with a personal injury attorney, now is the time to do so. An experienced attorney can review your case and help you decide whether to appeal the denial or file a lawsuit.
Appeal the Denial
If you believe that the insurance company made a mistake in denying your claim, you have the right to appeal the decision. The appeals process varies depending on the insurance company and the circumstances of your case. You may need to provide additional evidence to support your claim, attend a hearing, or negotiate with the insurance company.
File a Lawsuit
If you are unable to reach a settlement through the appeals process, your next step may be to file a lawsuit against the responsible party. Your attorney can help you decide whether filing a lawsuit is the right option for you.
Conclusion
Dealing with a denied personal injury claim can be frustrating and stressful. However, with the right approach, you can fight back and get the compensation you deserve. By understanding why your claim was denied, reviewing the details of your claim, gathering more evidence, consulting with an attorney, and appealing the denial or filing a lawsuit, you can maximize your chances for success.