Personal Injury Lawyer Royal Palm Beach

If you’ve been injured in Royal Palm Beach, the personal injury lawyers at Donaldson & Weston are here to help you hold the responsible parties accountable. With years of experience in handling personal injury claims, our team is dedicated to helping you secure the compensation you deserve for your injuries. Call us today at 561-786-3369 for a free consultation to learn how we can assist with your case.

Our personal injury services in Royal Palm Beach include:

• Motorcycle Accidents
• Car Accidents
• Truck Accidents
• Pedestrian Accidents
• Slip and Falls

Common Defenses Used by Insurance Companies in Personal Injury Cases

When you suffer an injury due to someone else’s negligence, you have the right to seek compensation for your medical bills, lost wages, and other damages. However, securing a fair settlement isn’t always straightforward. Insurance companies often use various strategies to minimize their liability or even deny claims entirely. Understanding these tactics can help you be better prepared if you’re involved in a personal injury case in Royal Palm Beach.

Insurance companies are in the business of protecting their bottom line, which means they will often fight aggressively to reduce the payout on personal injury claims. This can make it difficult for injury victims to receive the compensation they deserve. 

Disputing Liability

One of the most common tactics insurance companies use is disputing liability. In other words, they argue that their insured party is not responsible for causing the accident. The insurance adjuster may try to show that the defendant was not negligent, or that the accident occurred because of a factor outside of their control.

For example, in a car accident case, the insurance company may argue that the driver did not run a red light or that the other driver was partially at fault. They may also claim that there wasn’t sufficient evidence to support the allegation of negligence. This is often an attempt to reduce their exposure to paying damages.

In response, it’s important to gather as much evidence as possible, such as traffic camera footage, witness statements, and police reports, to strengthen your claim. A skilled personal injury attorney can help you build a strong case to counter these defense arguments.

Contributory or Comparative Negligence

Insurance companies frequently use the defense of contributory or comparative negligence to reduce the amount of compensation they owe. These defenses suggest that the victim’s own actions contributed to the accident or injury in some way. By claiming that the injured party is partially responsible, the insurance company can argue for a lower settlement or even deny the claim altogether.

In Florida, the state follows a comparative negligence rule. This means that if the plaintiff is found to be partially at fault for the accident, their compensation will be reduced in proportion to their degree of fault. For instance, if a jury finds that you were 20% at fault for the accident, your damages will be reduced by 20%.

Insurance companies will often try to convince you that you were more at fault than you actually were, which is why it’s essential to have strong legal representation. Your attorney can help ensure that your level of responsibility, if any, is accurately represented.

Questioning the Extent of Your Injuries

Another common defense tactic used by insurance companies is questioning the severity of your injuries. The insurance company might argue that your injuries are not as serious as you claim, or that you are exaggerating the symptoms. They may request access to your medical records and even hire their own doctors to evaluate you.

The goal here is to reduce the amount of compensation for your medical bills, pain and suffering, and other damages. To counter this defense, it’s important to have thorough medical documentation that outlines the extent of your injuries and the necessary treatments. Additionally, obtaining expert testimony from medical professionals can strengthen your case.

Pre-Existing Conditions

If you have a pre-existing medical condition or injury, the insurance company may use this as a defense to minimize their liability. They might claim that your injuries are not the result of the accident but rather a flare-up of an old injury or condition. This is a particularly common defense in cases involving back, neck, or joint injuries.

However, just because you had a pre-existing condition doesn’t mean you aren’t entitled to compensation. If the accident worsened your condition or caused new injuries, you can still pursue a claim. Your attorney can work with medical experts to show how the accident exacerbated your pre-existing condition, ensuring that you’re compensated fairly.

Delayed Reporting of the Accident

Another defense insurance companies use is arguing that the injury was not reported in a timely manner. If you delay seeking medical attention or filing a claim, the insurance company may use this to argue that the injury was not serious or that it occurred after the accident.

In Florida, there is no specific time limit to report an injury to an insurance company, but it is generally advisable to report the injury as soon as possible. A delay in reporting can give the insurer grounds to question the validity of your claim. To avoid this, make sure to report the injury promptly and seek medical attention immediately after the accident, even if you feel that the injury is minor.

Claiming the Injury Is Not Covered by the Policy

Insurance policies often have certain exclusions or limits on coverage. If your injury doesn’t fit within the terms of the policy, the insurance company may deny your claim outright. For instance, the policy may exclude certain types of accidents, such as injuries that occur during certain activities like recreational sports or while under the influence of alcohol.

To overcome this defense, your attorney will need to carefully review the terms of the insurance policy to determine whether the injury should be covered. If the policy applies, your lawyer can help you demonstrate that the insurance company’s denial is unjustified.

Lowball Settlement Offers

Insurance companies are known for making lowball settlement offers early in the process. They may try to settle your claim quickly by offering a sum that is much lower than what you are entitled to. This can be especially tempting if you’re facing mounting medical bills or other financial stress, but it’s important not to accept the first offer.

Insurance companies are hoping that you’ll accept the initial settlement without fully understanding the extent of your injuries or the long-term consequences. To avoid this, always consult with a personal injury attorney before agreeing to any settlement. Your attorney can help you evaluate whether the offer is fair and whether it adequately covers your future medical expenses, lost wages, and pain and suffering.

How to Fight Back Against Insurance Company Defenses

While insurance companies can use various tactics to minimize or deny your claim, there are several steps you can take to protect your interests:

• Document everything: Keep detailed records of the accident, your injuries, medical treatments, and any communication with the insurance company.
• Consult an attorney: A skilled personal injury attorney can help you navigate the claims process, build a strong case, and deal with insurance companies that try to deny or reduce your claim.
• Don’t accept the first offer: Insurance companies often offer low settlements in the hope that you’ll accept quickly. Work with your attorney to negotiate a fair amount.
  Stay patient and persistent: The claims process can take time, especially if the insurance company is using tactics to delay or dispute your claim. Trust your lawyer and stay focused on your goal of receiving fair compensation.

Insurance companies are often more concerned with minimizing their costs than paying out fair compensation to injury victims. By using defenses like questioning liability, disputing the severity of your injuries, and arguing that the injury isn’t covered by the policy, they attempt to reduce or deny your claim. With the right legal representation, you can fight back against these tactics and ensure that you get the compensation you deserve.

Secure a Skilled Personal Injury Attorney in Royal Palm Beach

When you need legal guidance after an injury in Royal Palm Beach, Donaldson & Weston is here to help. Our personal injury attorneys are passionate about advocating for accident victims and ensuring their voices are heard. Call us at 561-786-3369 to schedule your free consultation and learn how we can assist with your claim.