Getting a personal injury settlement is not always straightforward following a Philadelphia accident. Insurers assign claims adjusters who might use various strategies to dispute liability. If you have been injured in an accident caused by a negligent party, you should consult one of the most skilled Philadelphia, PA personal injury attorneys to know your options and rights. You need the experience and knowledge of an injury attorney, especially if the insurance company of the at-fault party uses any of the following tactics:
Blaming You for the Accident
In its attempt to devalue or deny your injury claim, an insurance company may assert that you are partially responsible for the accident. It may argue that you failed to fulfill your duty and caused the accident or made your injury worse. Should the insurer succeed in disputing liability by involving the comparative negligence rule, you may recover less money for your damages. In Pennsylvania, your compensatory award can be reduced by an amount equivalent to your percentage of fault. But recovery is only possible if you are less than 51% at fault.
Associating Your New Injuries with a Pre-Existing Condition
To avoid liability, the insurance adjuster may claim that your injuries existed before the accident. They may assert that the recent accident did not cause your injury. If you truly have a pre-existing injury that the accident exacerbated, you are still entitled to compensation from the insurer. Your lawyer may need to prove the link between these injuries and the recent accident using medical records.
Waiting for the Statute of Limitations to Expire
If you want to file a personal injury lawsuit, you must do this within a two-year window from the date of your accident. Missing the deadline can give the insurer a reason to dispute liability. You should act quickly following an accident to get the claims process started. Your lawyer can help you with the filing before the deadline and according to the filing rules. This way, you don’t hurt your chances of getting a favorable settlement.
Insisting a Lack of Sufficient Evidence
The at-fault party’s insurer may claim that you fail to provide sufficient evidence to delay or deny your claim. The company may request you to provide it with several pieces of evidence or documentation like previous medical records associated with your pre-existing injury. Should you need help in collecting more evidence of fault or damages, your personal injury lawyer could give you assistance. Also, they will defend you against an insurance company that is acting in bad faith.
