Can I Sue an Insurance Company?

RICHARD J. VALLE | VOZH New Mexico Best Personal Injury Attorney Lawyer
Richard J. Valle
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CRIOSTOIR CHRIS O’CLEIREACHAIN | VOZH New Mexico Best Personal Injury Attorney Lawyer
Criostoir (Chris) O'Cleireachain
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MATTHEW J. ZAMORA | VOZH New Mexico Best Personal Injury Attorney Lawyer
Matthew J. Zamora
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Andrea D. Harris
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Understanding Your Rights in Personal Injury Cases

Dealing with the aftermath of a personal injury can be overwhelming, both physically and emotionally. In such situations, victims often rely on insurance companies to provide the compensation they need to cover medical expenses, lost wages, and other damages. However, it's not uncommon for insurance companies to deny or undervalue legitimate claims, leaving individuals in distress and wondering if they have any recourse. In this blog post, we'll explore the question, "Can I sue an insurance company?" and shed light on your rights as a personal injury victim.

The Insurance Claims Process

Before considering legal action against an insurance company, it's essential to understand the standard insurance claim process. When you suffer a personal injury due to someone else's negligence, you typically file a claim with their insurance provider. The insurer then investigates the incident, evaluates the extent of the damages, and makes a settlement offer. Unfortunately, many claimants find that the initial offer doesn't fully cover their losses, leading them to question their options.

Common Reasons for Denied Claims

Insurance companies can deny claims for various reasons, some of which include:

  1. a) Lack of Coverage: If the policy doesn't cover the specific type of injury or situation, the claim may be denied.
  2. b) Disputes over Liability: The insurance company might argue that their insured party was not at fault for the accident.
  3. c) Failure to File on Time: Timely reporting of the incident is crucial, and a delay in filing can result in claim denial.
  4. d) Pre-existing Conditions: Insurers may attempt to attribute the injuries to pre-existing conditions rather than the recent accident.
  5. e) Insufficient Evidence: A lack of proper documentation or evidence to support the claim can lead to denial.

Your Right to Appeal

If your claim is denied, don't lose hope. You have the right to appeal the decision. It's crucial to review the denial letter carefully and understand the specific reasons for the denial.  It’s essential to reach out to a personal injury attorney, such as soon as possible. VOZH will gather additional evidence and present a stronger case during the appeal process, and for trial. 

The Option of a Bad Faith Lawsuit

In some cases, insurance companies may act in "bad faith" by unreasonably denying or delaying claims, failing to properly investigate, or undervaluing the damages. When this occurs, you have the option to file a bad faith lawsuit against the insurer. However, it's important to note that bad faith claims can be complex and require substantial evidence to prove which is why using experienced personal injury attorneys is vital.

To establish a bad faith claim, you must demonstrate that:

  1. The insurer acted unreasonably or unfairly.
  2. The insurer knew or should have known that their actions were unreasonable.
  3. The insurer's actions directly caused harm or additional damages.

Breach of Contract and Insurance Companies

When you enter into an insurance policy, you are essentially entering into a contract with the insurance company. The company has a legal obligation to fulfill the terms of the contract, which includes providing coverage and fair compensation for valid claims. If the insurer fails to uphold its end of the contract, you may have grounds for a breach of contract lawsuit.

Understanding the Statute of Limitations

A crucial aspect of any legal claim is the statute of limitations, which sets a time limit on when you can file a lawsuit. This timeframe varies by state and the type of claim, so it's essential to consult with a personal injury attorney promptly to ensure you don't miss the deadline. Waiting too long to pursue legal action may result in the forfeiture of your right to seek compensation.

Benefits of Hiring a Personal Injury Attorney

Navigating the legal complexities of a personal injury claim and dealing with insurance companies can be daunting for individuals without legal expertise. Hiring an experienced personal injury attorney can significantly enhance your chances of receiving fair compensation. Many people want to know how they can afford to pay for an attorney if they are already in a financial crisis. VOZH works on contingency, which means the law firm covers all the upfront costs for the case, and when a judgment is awarded, attorney fees and costs are deducted from the settlement. It costs

Here's how an attorney can assist you:

  1. a) Knowledge and Expertise: Attorneys specialized in personal injury law possess a deep understanding of the legal process and insurance industry tactics.
  2. b) Building a Strong Case: Attorneys will gather evidence, interview witnesses, and work with experts to build a robust case in your favor.
  3. c) Advocacy in Court: The attorneys at VOZH will represent you in court and advocate for your rights and interests. We
  4. d) Negotiation Skills: At VOZH we won’t push clients to settle, but rather gather evidence and build a case for trial right from the start. In cases in which a settlement is fair and the best route for a client, our skilled attorneys can negotiate with insurance companies on your behalf.

We Can Help with Bad Faith Insurance

In conclusion, the answer to the question, "Can I sue an insurance company?" is yes, but it's essential to understand the various aspects of the legal process involved. Remember that appealing a denied claim, filing a bad faith lawsuit, or pursuing a breach of contract claim can be intricate tasks that require the assistance of a skilled personal injury attorney.

If you find yourself struggling with an insurance company after a personal injury, seeking legal counsel can be the most effective way to protect your rights and receive the compensation you deserve.

According to the U.S. Bureau of Justice, only four percent of personal injury cases go to court. Too many personal injury attorneys settle for their convenience, and not necessarily what is best for their client. At VOZH Law, we are committed to getting the best result for our clients and this often means going to court to fight for the compensation you deserve.

Contact the team at Valle, O’Cleireachain, Zamora, and Harris for a free consultation.


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