If you've been injured in Louisiana because of someone else's carelessness, it can feel like a double blow when the insurance company denies your claim. You're already dealing with physical pain, emotional stress, and mounting bills, and now you have to fight for compensation you believe you deserve. Unfortunately, insurance companies don't always agree with your side of the story. This can happen for several reasons, but a denial doesn't mean the fight is over. Here's what you need to know if you're facing this situation in Louisiana.

Common Reasons Insurance Companies Deny Personal Injury Claims

1. Lack of Evidence: If the insurance company believes there isn't enough proof that their policyholder was responsible for your injuries, they may deny the claim. This could include questioning the police report, disputing eyewitness accounts, or claiming there is no solid evidence showing their policyholder was at fault.
2. Delayed Medical Treatment: If you didn't seek medical attention right after the accident or waited too long to get treated, the insurance company might argue that your injuries weren't caused by the incident or weren't as serious as you claim.
3. Preexisting Conditions: Insurance adjusters sometimes argue that your injuries existed before the accident. They may use your medical history to suggest that the injuries you're blaming on the accident were already present.
4. Disputed Fault: Louisiana follows a system of comparative fault, which means your compensation can be reduced based on how much you were at fault. If the insurer believes you were mostly to blame, they may deny your claim outright.
5. Policy Issues: The insurer may argue that their policyholder wasn't covered for the type of accident or injury you're claiming. This could happen if the policy had lapsed or if the coverage didn't include the specific circumstances of your case.
6. Failure to Notify the Insurance Company in Time: Insurance policies often require that claims be reported within a specific timeframe. If you miss this window, your claim could be denied.

Steps to Take After a Denial

Carefully review the denial letter from the insurance company. They are required to explain why they denied your claim. If your claim was denied because of a lack of evidence, go back and collect more proof. This could include obtaining additional medical records, finding more eyewitnesses, or even hiring experts to provide reports or testimony.

Also, keep detailed records of all your interactions with the insurance company about your injuries. If you believe the denial was made in error, you can request that the insurance company reconsider your claim. This usually involves writing a letter explaining why the denial was wrong and providing additional evidence to support your case.

Additionally, many insurance companies have an appeals process. Follow their guidelines carefully to file an appeal. This may involve resubmitting your evidence or providing new information.

Finally, insurance companies in Louisiana are legally required to handle claims fairly and in good faith. If you believe the insurer acted unfairly or dishonestly, you can file a complaint with the Louisiana Department of Insurance.

Louisiana's Comparative Fault Law

One of the reasons insurance companies might deny your claim is because of Louisiana's comparative fault law. Under this rule, if you are found partially at fault for your injuries, your compensation can be reduced. Insurance adjusters might use this law to argue that you were mostly at fault, which could result in a denial. However, just because they say you were at fault doesn't mean they are correct. You have the right to dispute their findings and present evidence to counter their arguments.

Deadlines for Filing Personal Injury Lawsuits in Louisiana

If the insurance company denies your claim and you decide to take the matter to court, you must act quickly. In Louisiana, there's a two-year deadline for filing a personal injury lawsuit from the date of the accident if the accident occurred on or after July 1, 2024. If the accident occurred before July 1, 2024, there is a one year deadline from the date of the accident. If you miss the deadline, you could lose your right to pursue any compensation at all.

When to Take Legal Action

If the insurance company refuses to budge, you may need to consider filing a lawsuit. This could happen if:

• The insurer denies your claim outright and refuses to reconsider.
• The insurance company offers a settlement that's much lower than what you need to cover your losses.
• You've tried appealing the denial but still haven't received fair treatment.

Taking your case to court can be a challenging step, but it might be necessary to get the compensation you deserve. In Louisiana, this process involves gathering evidence, filing the necessary paperwork, and presenting your case to a judge or jury.

Contact a Slidell Louisiana Personal Injury Lawyer

If the insurance company has denied your personal injury claim in Louisiana, you don't have to face this fight alone. You have rights, and there are options available to you. Getting the right help can make all the difference.

At Delsa Law Firm, LLC, we understand how overwhelming it can be to deal with a claim denial while recovering from an injury. We're here to guide you through the process and help you understand your next steps. Call the Delsa Law Firm, LLC, today if you have questions about your personal injury claim or are having problems getting your claim approved. We're located in Slidell just off of I-10, near the intersection of I-10, I-12, and I-59, and you can call us at (985) 882-1222 or use our contact form to set up a free, confidential consultation. Let us help you pursue the justice and compensation you deserve.