Types of Insurance Claims
According to the Texas Civil Practice and Remedies Code (the rules that govern civil law in Texas), a personal injury is a type of injury that occurs “as a result of the actions or inaction of another person or entity.” This kind of civil offense is called a “tort.” Personal injury torts include physical injuries, along with the financial and emotional suffering that those injuries cause in the victims. In a personal injury lawsuit, the victim is called the plaintiff and the party that caused the injury is the defendant.
Our personal injury Law Firm has handled hundreds of thousands of the many complicated types of cases that make up this fascinating type of law. We have helped honestly injured accident victims file insurance claims in many different areas that include the following:
Auto accidents: this refers to any insurance claim filed by the innocently injured victim after a standard passenger vehicle auto accident
Commercial truck (18 wheeler) accidents: Unlike auto accident claims, commercial vehicle accidents refer to an accident with an 18 wheeler or with any other large commercial vehicle (the insurance claims filed in these cases are not at all like those filed in a standard passenger vehicle accident).
On the job injuries: this refers to insurance claims filed over an on the job injury. This is where our complicated Texas workers’ compensation laws apply.
Motorcycle accidents: there are several categories in this classification such as ATV, bicycle and off-road (motocross-type) motorcycles. These claims are filed if you are hurt while on one of these vehicles. There’s a preconceived prejudice by the insurance companies against virtually all two-wheeled and off-road accident victims which is the pronounced – but not only – the difference between these and the other more traditional vehicle accident claims.
Personal injury claims: claims filed against another person or entity when that party’s negligent actions or inaction cause you some injury. This is the elemental starting point for every claim or case we represent.
Premises liability: claims filed against property owners when a person is hurt due to unsafe property.
Medical malpractice claims: claims filed against any healthcare provider (doctors, surgeons, nurses, dentists, etc.) when that professional causes you an injury through negligence.
Defective Product claims: defective products can also include prescription drugs, which can be rolled into malpractice, and hard goods like tires or machinery or even consumer goods and food. As often as not, a defective product lawsuit can find itself attached to almost any of the above classifications, depending of course, on the facts of any case and nature of the injuries.
They love to take up a lot of your time and give you nothing: no answers and no help if you have an attorney to insulate you from them. They have adjusters who might call you three or four times the first day, asking innocent-sounding questions about your accident. Their inquiries may seem harmless, especially if they have you convinced that they’re your “good hands” neighbor/adjuster. But their “curiosity” is usually calculated to induce you to say something that could be used against you to deny your claims. Count on whatever you say to them being recorded. And they’ll find a way to twist your unassuming words around to later to haunt you as evidence against your claim when it’s time for them to deny you.
Many times an insurance company quickly pressures you to settle your claim for less than it’s worth: often much less. We’ve heard of adjusters trying to settle a claim for peanuts, the moment the victim comes out of the emergency room; and before the drugs wear off. Accepting an unfair settlement can be devastating for your legal rights. When you accept a settlement offer, you can’t sue the defendant for another dime in the future once you discover you’ve been “played.” The settlement is all that you will ever collect from the party who did this to you. So it’s important not to accept an offer unless it’s fair. But how do you tell a good offer from a bad one?
Insurance companies are very creative in finding ways to deny legitimate claims. And every time they win, the more money they make (or in your case, keep). And one popular tactic is dragging their feet. This is especially true with most insurers who aggressively market themselves as “budget coverage firms.” Here are some other popular insurance denial-dodges.
Insurance companies love to get a settlement before the full extent of the medical treatment you’ll need is known.
Some will think you’re stupid and send them your bills when you get them and will tell you they’ll pay your claim when you submit them. Then they will keep stalling you when you ask for payment. FYI – we NEVER send original bills to an insurer: only copies.
The insurance company takes too long to respond to you. This could mean that they’re investigating your claim behind your back or just “shining you on” and haven’t yet told you they have no intention of paying your accident claim).
The insurance company tells you that their settlement offer is “all that you’re entitled to” or “is the best you can hope for and their offer is generous”.
Of course, if you go further down the road with these people and have yet to hire an attorney, and this starts happening to you, just toss your goose in the oven because it’s already cooked. It’s best for you (or your family) if you cannot, call a lawyer at the earliest possible moment. Because when it comes to dealing with the liability insurance companies who hold all the cards, having a good personal injury lawyer and not needing one, is infinitely better than needing a good accident lawyer and not having one.
Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim and how much compensation you can win from your personal injury case. Regardless of how it happened, we’ll answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.