Most major insurance companies have a slew of arguments at their disposal to devalue claims they cannot outright deny to protect their bottom line.
Were you injured by the negligence of another person? Do you plan on filing a personal injury claim in Plant City, Florida? If so, it’s wise to first consult with an experienced personal injury attorney in Plant City, Florida to review the arguments presented by the at-fault party’s insurer. This way, you will be fully prepared to contest them in court, which will ultimately help you receive the compensation you are owed.
Below, we’re going to discuss some of the most common ways that insurance companies try to justify unfair settlements.
The policyholder is not fully liable.
A policyholder’s degree of liability is generally limited to their own degree of fault under Florida’s comparative fault rule. In other words, a policyholder is only required to pay for a claimant’s losses in proportion to their share of fault in the accident.
Therefore, the more fault the insurance company can assign to you, the less they will have to pay out on the policyholder’s behalf.
Even if the insurance company cannot prove that you were partly at fault for the accident, they may argue that someone other than the policyholder was.
Some of the damages are exaggerated or falsified.
To pursue a fair settlement in court, you not only have to prove each damage you claim, but you must also avoid giving the insurance company any reason to question any of them. This means seeking immediate medical attention, following your doctor’s advice, and taking other reasonable precautions to minimize your losses.
It is also a good idea to avoid social media until your personal injury case is resolved, as your posts could be misconstrued, giving the insurance company grounds to dispute the credibility of your claim. An experienced personal injury attorney in Plant City, Florida can offer advice to help you make your claim more credible.
You have a pre-existing medical condition.
Although having a pre-existing medical condition does not automatically preclude you from pursuing a personal injury claim in Plant City following an accident, it could make the proceedings a lot more complicated.
Depending on the circumstances, the insurance company may try to argue that most of your damages resulted from your pre-existing medical condition rather than the policyholder’s negligence.
You assumed a certain amount of risk.
This argument is often used by insurance companies in claims involving accidents that occurred during inherently risky activities. For example, if you were injured at a sporting event or on a zipline course, the insurance company may try to argue that you deliberately assumed a certain degree of risk by participating, thereby absolving the policyholder of any liability.
However, it’s important to note that this is rarely a successful argument. Even though you signed a release acknowledging the risk of injury while participating in the activity, the negligent party was still required to adhere to a standard of reasonable care.
Waiving a company’s or organization’s liability does not always override the duty of care they owe you. If they were negligent somehow — for example, they failed to maintain their safety equipment to a reasonable standard — you might still have grounds for a personal injury claim. As always, your Plant City personal injury lawyer will be happy to review your case and provide legal guidance.
Speak with the Premier Personal Injury Attorneys in Plant City, Florida
At O’Toole Law Group, we understand the physical, emotional, and financial devastation that preventable accidents can inflict. If you have sustained injuries in an accident through no fault of your own, we can help you build a strong personal injury claim to hold the at-fault parties liable. As the premier personal injury attorneys in Plant City, Florida, we fight tirelessly to protect your rights and help you receive proper compensation.
Contact us today at (863) 533 5525 or contact us online for request a free legal consultation.