Insurance Problems at Obtaining Compensations

Insurance Problems at Obtaining Compensations

Updated on Thursday 02nd March 2017

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Some personal injury accidents come with great costs, both financial and emotional. Although insurance policies should protect individuals at least from the material damages in such event, insurance companies will not always cooperate when it comes to paying damages.

Our Los Angeles personal injury attorneys are experienced in dealing with insurance companies that do not want to pay the right compensations to their clients. Together with our team of experts, you will be able to obtain the right amount of money and not an under valuated compensation.

Calculation method for damages in personal injury cases

The insurance company will use various methods to calculate the types of damages one can sustain during a personal injury in Los Angeles. The types of accidents in which people sustain serious or even life-threatening injuries are not uncommon, especially in a large and densely populated city like L.A. Insurance companies know that, in case of serious injuries, like spinal cord injuries and even paralysis, the medical costs will be much larger than the amount paid for the insurance policy

The typical calculation method includes the economic losses, like medical bills, property damage and others, which can be easily calculated, to which an amount for pain and suffering is added. The latter is harder to quantify, this is why insurance companies will use a formula to calculate the due amount. One usual method consists of multiplying the actual damages by a certain number (depending on the severity of the injury). An alternative method is to pay a certain amount every day from the accident until the injured individual has recovered.

The calculation method will depend on your insurer. Many of them will use only a computer program that helps determine a certain amount for the settlement

We invite you to watch the followong video about how to handle a case when the isurer refuses your claim:

Calculating the right amount for the compensation

The first step after recovering from the personal injury is to file the claim with the insurance company which is required to calculate the amount due by the insured party. As seen above the compensation is usually calculated automatically through a computer calculator. So this is the first problem you can encounter when filing your claim with the insurance agency: a lower compensation than you deserve. This is also where our Los Angeles personal injury lawyers can help you: they can help you make your own calculations and then compare them to the amount offered by the insurer.

The investigation of the claim

The second most common problem you could face when filing your claim with the insurance company is that it will not simply hand you the money. It first needs to investigate how the personal injury happened. The company will most likely gather its own evidence in order to reduce the compensation to the lowest amount accepted by the law and that is why getting all the facts straight when filing the claim is very important. Our L.A. personal injury lawyers can help you do just that: collect all the evidence which would help you win your case before the insurer.

The insurance adjuster could be a problem

The insurance adjuster is the person in charge with analyzing the case and making the offer. They will usually take into account the following factors:

  • -       the statements of both the insured and the liable party;
  • -       the police report, which can weigh a lot in a personal injury;
  • -       all other statements or reports on the accident;
  • -       the medical records on the accident;
  • -       the insured’s medical record, in order to determine if the injury was not sustained prior to the accident;
  • -       the claimant’s payslips and even bank account statements, if the injured person will declare he or she was incapacitated to work as a consequence of the personal injury.

Based on of the above, the insurance adjuster will try and make a lower offer and thus take the case to court. Our Los Angeles personal injury attorneys can also help you if you will want to file a lawsuit against the insurance company.

 An L.A. personal injury attorney can help

Insurance agencies will use any way to reduce or even refuse to pay your claims in certain cases. Vehicle accidents are some of the cases in which certain insurers will try to prove that you can be to blame for the accident. Although comparative negligence is applicable in certain cases, including motor vehicle accidents, you should not allow your insurer to refuse payments.

Our Los Angeles personal injury attorneys can help you reach a settlement with your insurance company regardless the accident in which you were involved. Don’t settle for less than you deserve and contact our Los Angeles personal injury attorneys today.

 

 

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