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When it comes to injuries on the job, Nevada has a higher incidence rate than the national average, with 3.3 cases per 100 full-time workers. The National Highway Traffic Safety Administration reports that in 2021, there were 4.2 serious injuries per million Vehicle Miles Traveled, and is ranked as the 15th most dangerous state for driving. It’s not surprising that personal injury claims are plentiful in the state, but it’s sometimes not straightforward for injured parties to win damages from insurance companies.
Insurance policies often have limits on the amount they will pay out for a single claim. However, in cases where the damages exceed these limits, victims might wonder how they can recover the full amount they’re entitled to. Learn more about the process and strategies for recovery exceeding insurance limits to ensure you get the compensation you deserve.
When an accident occurs, insurance companies may use a variety of tactics to minimize the amount they must pay out. They often initiate contact quickly, attempting to catch victims off-guard while they are still in a vulnerable state. One common tactic involves asking for a recorded statement, which can be analyzed and used against the victim later. Insurance companies may also offer quick settlements, which can be enticing, but often fall short of covering the total damages. Another common strategy is to delay claim processing to frustrate victims and potentially push them to settle for less. Insurance companies may dispute liability altogether, claiming that the victim was at fault or that their policy does not cover the accident.
Insurance companies commonly use a strategy known as ‘Delay, Deny, Defend’ to reduce the amount they pay out in claims. They may delay the claims process, causing frustration and financial hardship for the claimant. Often, this delay tactic pushes individuals to accept lower settlements. The deny tactic comes into play when insurance companies dispute the claim, questioning the severity of injuries or fault in the incident. They might defend their stance in court, relying on experienced lawyers to minimize or dismiss the claim. To counter these tactics, building a robust case with solid evidence, maintaining emotional resilience, and displaying unwavering persistence are key.
Evidence is the cornerstone of a strong personal injury case. It begins with thorough documentation of the incident scene, which can provide invaluable information about what happened. This can include photographs, videos, and physical evidence. Witness statements also serve as powerful pieces of evidence, offering an unbiased account of the incident. Medical records detailing the extent and nature of injuries are critical as they substantiate the claim for compensation. Financial documents such as bills and receipts are equally important to demonstrate the financial impact of the accident. Personal testimony, while subjective, can provide an emotive perspective of the incident’s impact. Proper organization and preservation of these materials can significantly strengthen the case against insurance companies.
When pursuing a personal injury claim, one of the vital components is proving the severity of the injury. It’s critical that the injured party seeks immediate medical attention following the incident. Not only does this ensure that any serious health issues are addressed, but it also provides a medical record linking the injury directly to the incident. Detailed documentation of the treatments received, medications prescribed, and the duration of the recovery process is essential. This can include medical reports, hospital bills, and doctor’s notes. These records act as compelling evidence, demonstrating the physical impact of the incident. They can also help to validate claims for compensation related to pain, suffering, and loss of quality of life.
Following an accident, obtaining prompt and thorough medical treatment is crucial. This does more than address immediate health concerns—it serves as a valuable record of the injury’s extent and its impact on the person’s life. Medical reports, treatment records, medication prescriptions, and follow-up care documentation help build a comprehensive picture of the injury’s severity. In addition, if a rehabilitation program is needed, all related records should be meticulously kept. Keeping a personal journal detailing the pain and discomfort experienced, as well as any limitations in daily activities due to the injury, can be beneficial. These documents not only validate the physical and emotional toll the injury has taken but also substantiate the claim for fair compensation.
When it comes to personal injury insurance claims, understanding one’s rights is critical. Victims of personal injury have the right to seek compensation for their damages, including medical expenses, lost wages, and pain and suffering. They also have the right to negotiate with insurance companies for a fair settlement. It’s important to know that insurance companies are not allowed to coerce or pressure claimants into accepting less than they deserve. Furthermore, claimants have the right to privacy and should be cautious about what information they share with insurance adjusters. Claimants should follow the statute of limitations in Nevada, which is two years from the date of the injury, to ensure the claim is filed within the legal timeframe.
In personal injury claim proceedings, effectively negotiating with insurance adjusters can play a vital role in securing a fair settlement. Bear in mind that adjusters are employees of the insurance company, and their primary objective is to keep the payout as low as possible. Thus, presenting a well-organized, evidence-based case can bolster one’s position. When talking about injuries and their life impact, honesty combined with assertiveness is key. One should not rush to accept the initial offer, as it is often less than what may constitute fair compensation. A better approach would be to counter with a higher settlement justified by the gathered evidence. Throughout this process, patience remains a vital attribute. Negotiations might take time, and rushing could potentially lead to less satisfactory results.
When navigating a personal injury claim, the claimant may reach a crossroad where they need to decide whether to accept a final settlement offer or proceed to trial. Both options have their own advantages and complexities. A settlement can provide immediate compensation and closure, avoiding the uncertainties and lengthy process of a trial. On the other hand, going to trial might result in a larger award, especially if the injury has caused significant damages and the liability is clear. However, trials can be unpredictable and stressful, with no guaranteed outcome. It’s important to consider these factors, along with the strength of the case, the severity of the injuries, and the impact of the incident on life, before making a decision.
In some tragic cases, accidents can lead to fatalities, resulting in wrongful death claims. These claims are distinct from standard personal injury claims and require a different approach. To understand the complexities and nuances of pursuing a wrongful death settlement, it’s essential to be well-informed and prepared.
In addition to the common tactics used by insurance companies to decrease liability or shift the burden of liability in the accident, some insurance companies may utilize bad faith tactics: deliberately delaying the investigation, failing to conduct the investigation at all, denying a claim without a reason, or even refusing to pay on a valid claim.
If you are dealing with a personal injury claim, call 702-680-1111 or contact our experienced legal team today, and we will work to get the compensation you deserve.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
