Do not panic if the insurance company informs you that it is denying your personal injury claim. While this can be disappointing, you are not out of legal options.
If you have not already, contact a lawyer. An injury lawyer in Toronto can help you appeal the insurance company’s denial, or can file a lawsuit to recover the compensation you deserve. Do not delay because you only have a limited amount of time to settle your case or file a lawsuit.
Challenge the Insurance Company
Insurance companies deny personal injury claims for all kinds of reasons. The insurer may argue that the claimant was to blame for their injuries, or that the claimant’s injuries are preexisting and unrelated to the accident. Whatever the insurance company’s reason for denying the claim, a lawyer will investigate the case and compile the evidence necessary to refute the insurance company’s reason for the denial.
For example, an insurance company might deny a claim filed by an accident victim who fell in a store by arguing that their injuries were the result of them running through the aisle or otherwise acting recklessly. An investigator will examine video surveillance of the accident, talk to eyewitnesses, and compile other evidence to determine if other factors caused or contributed to the accident, like a spill in the middle of the aisle.
A lawyer will bring any new evidence to the insurance company and attempt to negotiate a fair settlement. If the insurance company still refuses to offer a fair settlement, then a lawyer may take the case to court to fight for the compensation deserved.
Deadline to File a Lawsuit
Ontario’s Limitations Act puts a deadline on the time an individual has to file a lawsuit to recover compensation for damages related to any injuries. A lawyer recommends calling them to help with the claim as soon as possible after the accident, and especially if the insurance company denies or is delaying the claim.
If an individual waits too long to settle the claim or file a lawsuit, they will be unable to collect compensation for their injuries. For car accidents, slips and falls, and other personal injury claims, the deadline is generally two years from the date of the accident.
Contact a Lawyer
A lawyer can help you recover compensation if another party’s negligence caused your injuries. Contact a lawyer as soon as possible so they can go to work collecting evidence to support your claim and enlist the help of expert witnesses who can help prove your case.
A lawyer can also file all necessary documents and communicate with the insurance company as needed to reach a fair settlement, and, if a fair settlement cannot be reached, they will proceed to trial to obtain a full and fair recovery.
If the insurance company denies your personal injury claim, you still have other legal options to recover compensation.