Identifying Case Issues and Problems Early



Identifying Case Issues and Problems Early

Presenting your claim to an insurance company is the obvious decision after an accident. However, more and more insurance companies are attempting to force injury claims toward litigation using aggressive tactics.

Given this reality, it is more important than ever to thoroughly review all legal and factual aspects of your claim so that you might better understand the positions that the insurance company will take regarding your claim.

This review can often be difficult for individuals who represent themselves because of the natural bias toward believing that your position is factually superior. Lawyers call this the “Pro Se Bias.” The Pro Se Bias is a challenging problem to overcome, but it is essential that you view your case’s facts as a neutral third party would in order to ensure that your decisions are not colored by anger, frustration or any other emotion.

A genuine and thorough investigation into the facts of your case will assist you in understanding how the insurance company may act toward your case.

The most important part of your case investigation and review is evaluating the factors that the insurance company will use to deny or lessen your potential claim. While each case is unique, here is a breakdown of the most common factors to be considered:

  • Airbag did not deploy.
  • Low speed collision.
  • No police report.
  • No other persons injured.
  • Minimal property damage.
  • Lapse in medical care.
  • Inconsistent medical care.
  • Pre-existing medical injuries.
  • Excessive medical care.
  • Contributory negligence.
  • Alcohol or drugs suspected.
  • Excessive insurance claims.
  • Inconsistent facts.
  • Statements of fault.
  • No insurance coverage.
  • Not enough insurance coverage.
  • No medical care.
  • Lying to insurance company.
  • Intentionally aggravating injuries.
  • Excessive emergency room visits.
  • Not preserving evidence.
  • Failing to exchange information.
  • Not reporting the accident.

These accident factors are evidence of potential problems with your claim. You should understand that the existence of these factors in your claim might help you in mitigating the potential consequences of these issues.

It is important that you complete this review and eliminate the potential Pro Se Bias by evaluating each of these factors as neutrally as possible. It is important to understand that the more issues your claim has, the more likely your claim will need to be litigated before a judge and a jury. However, understanding what issues your claim is facing is just as important.


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