We Won’t Let the Insurance Company Take Advantage of You
You’re probably aware by now that spinal cord injuries, no matter their severity, tend to come with exorbitant costs. Surgeries, rehabilitation, home care, and mobility aids can add up to millions of dollars over the course of the patient’s life—and that doesn’t even account for the income lost due to disability.
Given the economic impact of SCI, insurance companies have a lot on the line when they face such a claim. This is especially true when high coverage limits are involved.
Whether you’re bringing the claim against your own insurance policy or against the insurance company of the liable party, you can bet the insurance adjuster will search for any possible reason to deny your claim or reduce its value. Our Royal Palm Beach spinal cord injury attorneys have decades of experience dealing with uncooperative insurance companies who are only interested in protecting their bottom line. We can anticipate disputes before they arise and prepare to counter them.
Read on for a few common defenses used by insurance companies that are faced with a spinal cord injury claim:
- The Plaintiff Is Seeking Compensation for a Pre-Existing Condition: If you had a back injury before the accident or some other condition that affected your central nervous system, the insurance company might say that you are trying to claim medical bills or other damages that you would have incurred even if the accident did not happen. Personal injury claimants can only recover compensation for the damages they would not have incurred but for the tort. If you are unable to prove causation, your award of damages may be reduced or you might not be able to recover anything at all. Our Royal Palm Beach paralysis lawyers may be able to counter this defense using your medical records from before and after the accident as well as the deposition of medical experts.
- The Plaintiff Was Partially or Entirely Liable: If you somehow contributed to the accident, your award of damages may be reduced by your own percentage of fault. Evidence to counter this defense may include eyewitness deposition, the deposition of an accident reconstruction expert, photographs of the scene, video footage of the accident, the police report, and any other evidence pertaining to negligence and liability.
- The Plaintiff Has Failed to Mitigate Damages: If your doctor tells you to rest, then you need to rest even if you feel well enough to partake in physical activities. If your doctor tells you to stay off work for several months, you need to follow that instruction even if you’re falling behind on bills. If you choose to deviate from your treatment program in any way, the insurance company may argue that your financial recovery should be reduced due to a failure to mitigate damages.
- The Plaintiff Is Overestimating the Cost of Future Damages: Calculating damages after a catastrophic injury such as SCI is incredibly complicated. Besides intangible non-economic damages like pain and suffering and lost enjoyment in life, you may also be entitled to future damages such as anticipated medical costs and loss of future income. The calculations for these damages must be supported with strong evidence such as industry statistics and the deposition of medical and financial experts. Our Royal Palm Beach spinal cord injury lawyers know how to arrive at reasonable, evidence-based figures for future damages that leave little room for dispute.
Call 772-266-5555 to speak with a personal injury attorney or fill out our Contact Form to schedule a free case evaluation with a spinal cord injury lawyer in Florida.