An insurance claim is a formal request to an insurance company for payment, coverage, or compensation for a loss, damage, medical bills, or anything else covered under an individual’s insurance policy. However, most insurance companies will attempt to devalue claims, so they do not have to pay for the full extent of damages.
That’s why it’s important to consult with the Personal Injury Attorneys at Maison Law after filing an insurance claim. Our law firm can hold the insurance company fully responsible for your damages and negotiate a fair settlement on your behalf. For more information, contact us today for a no-cost, no-obligation consultation.
What Damages Can You Claim for a Personal Injury Claim in California?
Depending on the severity of your injuries, there are several damages available to personal injury victims under a standard insurance policy. These damages include:
- Present and future medical expenses
- Loss of income, as well as a reduction in earning capacity
- Cost of living with an injury, such as making a home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to property during the accident
- Pain and suffering caused by injuries and loss of enjoyment of life
- Stress and anxiety due to the nature of the accident
What is an Insurer’s Obligation?
Insurance policies are contracts between the insurer and a policyholder. California law requires that both parties have a duty of “good faith” to act in a manner that fulfills their obligations as stated within the insurance contract. Neither party can interfere with a party’s right to receive benefits. Typical insurance contracts require insurance companies to:
- Pay claims when the policyholder experiences a potentially covered risk
- Provide the policyholder with a legal defense against third-party claims
- Investigate a claim to determine who is liable for the injury
- Use good faith attempts to settle claims against the insured
Difference Between a Claim and a Lawsuit
In personal injury matters like car accidents, you can sue the person who caused your injuries by filing a lawsuit. So, let’s say you’re driving somewhere and a driver runs a red light, crashing into the side of your car. You suffer serious injuries, along with damage to your vehicle. In these cases, it is normal to file a lawsuit to recover compensation for your damages.
A lawsuit is typically filed with the courts and notifies the at-fault party (the driver who hit you) of the allegations and the damages they are responsible for. The liable party will send the lawsuit to their insurance company, and an insurance adjuster will be assigned to investigate the claims within the lawsuit. If the adjuster finds the insured person is liable for causing the claimant’s injuries, the company may make a settlement offer to resolve the lawsuit.
The difference between a claim and a lawsuit is that a lawsuit can go to trial and be decided by a judge or jury. Claims are matters typically handled between an insurance company and its policyholder. However, insurance companies do not always act in the best interest of their policyholders. This is considered “bad faith,” and thus, lawsuits can be directly filed against the insurance company if they fail to provide proper coverage for its policyholders.
Do I Need a Lawyer After Filing an Injury Claim with My Insurance?
If you’ve suffered serious injuries from an accident, it is advisable to speak to an attorney about your legal options. While insurance companies are there to compensate you after a car accident, they are not looking out for you. The unfortunate truth is that the job of an insurance adjuster is to give you the lowest amount possible for your damages. In some situations, they will outright deny your claim.
At Masion Law Accident & Injury Lawyers of Modesto, we will manage your claim by:
- Identifying All Liable Parties: Some injury incidents involve multiple parties. A personal injury attorney will collect all responsible parties and include them in your lawsuit, maximizing your chance at full, financial recovery.
- Following Proper Legal Procedures: An experienced accident attorney understands the complexities of suing multiple liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster is crucial for a successful outcome.
- Preparing For Litigation: An attorney will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
- Helping You Focus On Recovery: Without an attorney, managing your case while recovering from injuries could be overwhelming. And that is precisely what the insurance companies are counting on. Hiring a well-practiced attorney will allow you to recover, while they deal with the legal side of your case for you. Not only will this give you a better chance at compensation, but it will alleviate your stress and give you peace of mind while dealing with a very traumatic time in your life.
Get Legal Help with Your Personal Injury Insurance Claim in California
If you or a loved one has been injured anywhere in California due to the careless actions of another, Maison Law can help you get the compensation you need. If the insurance company has denied your claim, ignored you, delayed your settlement, or undercompensated you, our firm is here to protect your right to fair compensation. We understand how to use the law against major insurance corporations in California, and we will not hesitate to file a lawsuit against them or represent you in court until your damages are fully covered.
Contact Maison Law today for a free consultation and case evaluation. Our firm does not require any upfront payments for our services, as we operate on a contingency basis, meaning we don’t get paid unless we win your case.
