Jimerson Law Firm, P.C.

What Are The Defenses That Insurance Companies Use To Avoid Paying Claims?


One of the defenses that insurance companies use to avoid paying claims is called the “no pay, no play” rule, which says that if you did not have insurance in the six months leading up to an injury, then you have no recourse for collecting damages. I call it the “we got you and we are not going to pay out” defense. The other defense is to minimize your injuries. It’s used to minimize you, in fact. They will say that you are not as hurt as a person who has a broken bone or some other observable injury. We totally disagree, because who is to say that your back injury is not going to create more pain and suffering for you? Who is to say that the discomfort that you feel from the pain every night is not causing a loss of enjoyment of life? What you should be compensated for is the degree of your discomfort and the degree of your injuries. That is exactly why you should be contacting a car accident attorney in St. Louis MO for.

What Happens To My Claim If My Injury Takes Time And Does Not Manifest Immediately?

Even if your injury does not manifest immediately, you absolutely still have a case. In fact, it’s quite normal for the onset of pain to occur a couple of days (and sometimes even weeks) after an injury. That is why you should contact an auto accident lawyer in St. Louis immediately. As long as we can show a causal connection between your injury and the accident, you have a case. I tend not to take cases more than 30 to 60 days beyond the accident unless I can show some connection to it. For example, if I can show that you were being treated by a doctor but just didn’t have a lawyer because you didn’t think you needed one, then I will take the case. If it’s beyond that amount of time and you say that you are just beginning to feel pain, then I would not be able to show a causal connection and would therefore be unable to take your case.

Why Is It Important To Follow Your Doctor’s Recommendations And Not Miss Appointments?

The doctors have a prescribed set of treatments that they want you to go through in order to get you back to your maximum improvement, and the insurance companies know these regimens as well. They are looking for any type of situation where you are not obeying the doctor. They will say that you are not hurt that much because you didn’t pay attention to the doctor’s care. They will also say that failing to follow your doctor’s orders is evidence that your injury is not related to the accident. If you miss an appointment, then make sure that you make it quickly make it up. Don’t let more than a week or so pass by, and certainly don’t let it go for months. That sort of gap in treatment would indicate to the insurance company that you are better or were never really hurt.

What Factors Can Cause An Auto Accident Claim To Be Litigated?

Economic factors can cause auto accident claims to be litigated. Most cases go to trial because the insurance company does not want to pay the amount that the client expects to be paid. We take great strides in trying to explain to our clients the value of the injury. In order to do that, we look at previous jury verdicts on certain types of injuries, as well as many other factors in order to determine whether or not the case should be litigated. It’s important to remember that jurors are human beings; they are also car owners, they also get hurt and they also pay their insurance. You want to make sure that you understand what jurisdiction you are litigating in, what type of case you have and what type of client you have. These are the factors that will determine whether or not a case is a winner in front of a jury.

For more information on Defenses Used By Insurance Companies, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (314) 786-3536 today. Our auto accident attorney in St Louis MO will answer all your questions and will get you the best possible settlement for your injuries.

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