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How Insurance Diminishes Your
Claim to Compensation

The Claim Process Seems Straighforward

You’ve just been in a car accident. Another driver was driving carelessly and crashed into your vehicle. The person who hit you admits it was his/her fault and apologizes. As a result of this accident, you are injured and begin seeking the appropriate medical care to alleviate your pain. While it might seem like a clear-cut process, receiving the compensation you deserve for your injuries isn’t so simple.  

Many Insurance Companies are Not On Your Side

Surely you’ve seen the commercials with slogans such as “like a good neighbor, State Farm is there” and “Nationwide is on your side.” The sad reality is, however, many of these multibillion-dollar companies fight tooth and nail to pay you as little money as possible. What you might not know is that the person who caused the crash is not the person calling the shots. He is not the person trying to fight your claim. It’s the insurance companies that do this. The very insurance companies that have millions of dollars paid to them each month in premiums to protect and compensate innocent people that are injured at the hands of others.

They don’t care that you’re injured. They don’t care that you will likely have to live with these injuries for the rest of your life. Many insurance companies will use any chance to convince a jury your injuries are either non-existent or a result of a prior injury or condition.

How Insurance Companies Can Diminish Your Claim

  • They obtain all your prior medical records and comb through every page. If they find even one similar complaint in your past, even if that issue had completely resolved, they will attempt to make the entire case about how your injury was pre-existing and not a result of this crash.  
  • The defense ignores or tries to minimize any prior medical records that show you were not complaining of these injuries prior to the accident.  
  • They focus their attention on any gaps in treatment, no matter how small in an effort to show the jury that you aren’t really injured because you were not consistently treating.  
  • The defense reads the emergency room records. It will focus in on any complaints that were not made at that first visit but were then made at a later time. This is regardless to the fact you were just involved in a traumatic event, still have your adrenaline pumping and may be dazed, confused or in shock.  
  • They hunt down any discrepancy in your medical records and blow the entire thing out of proportion. If you mention neck pain on one visit, don’t mention it on the next and then mention it again on the third, they will focus in on the one visit where you didn’t mention it.  
  • The defense hires experts to review your medical records and examine you. These are the same experts they hire over and over again. These same experts consistently testify there is no permanent injury.  

If you have been in an auto accident, trucking accident, bicycle accident or pedestrian accident, you will need an experienced, aggressive attorney on your side. We know the insurance companies’ tactics and will fight back on your behalf. Call the attorneys at Dennis Hernandez & Associates. We fight to get you paid!