Brandon Stein Law: Is a Claim Denial Really a Claim Denial?

Brandon Stein

By: Brandon Stein

If you or someone you know was injured in a car accident or slip and fall, contact our Fort Lauderdale personal injury attorneys today.

As a North Miami Beach personal injury lawyer, my work is devoted entirely to assisting my injured clients with obtaining the compensation they deserve.  For those injured in slip and falls or car accidents, the first question that should always be asked is whether the offending party has liability insurance.  Once that question is answered in the affirmative, then it is my job to contact the insurance company’s representative to inform him or her that we are asserting a claim against their insured.

Unfortunately, insurance companies rarely, if ever, convey offers to resolve personal injury claims without first receiving a demand for resolution from the injured party.  As I further commented upon in my post from December 17, 2012, a South Florida attorney values a car accident or slip and fall case based upon the extent of the injury sustained by the client.  As we all know — a million dollar case needs a million dollar injury.

So, after a client obtains all of the treatment and therapy needed to remedy their injury, the time has come to submit a formal demand for resolution to the insurance company.  One would hope that the insurance company responds to this demand favorably and with a reasonable offer.  However, this is not always the case, as some insurance companies take the tactic of denying a claim without any offer.  This is especially the case if a person injured in a car accident or slip and fall attempts to settle with an insurance company without retaining the services of a Fort Myers Personal Injury Lawyer.

Nevertheless, this “denial” tactic utilized by the insurance companies often times is a way for them to flex their muscles in the early stages of the negotiation process.  Yet, this strategic move is most likely used because it works in some situations, thus when a Florida personal injury attorney or injured party receives a claim denial, they essentially give up and close their file.  But is a claim denial really a claim denial?

I cannot stress how important it is to draft a carefully crafted demand containing a legal basis for your claim.  Simply sending a demand with an arbitrary number without any legal grounds for the claim is not a sure fire way of resolving your claim for its maximum value. In fact, this sends the opposite message to the insurance company — you might as well write in fine print at the bottom of the demand: “My case is weak.”

A formal demand for resolution should not be rushed.  Other than informing the insurance company of the claim, this is the first impression that an Florida trip and fall personal injury attorney is making — so make it count and have that demand carefully worded and extremely detail oriented.

Injured?  Contact our North Miami personal injury attorneys today!