Top 5 Reasons Personal Injury Claims Get Denied In Florida

In this article, you will discover:

• Why lack of evidence can get your personal injury claim denied.
• How failure to report an accident will get your claim denied.
• Why inconsistencies in your medical record can get your claim denied.

Reason #1: Lack Of Evidence

As the plaintiff, you have the burden of proving all of the elements in your personal injury case. In a negligence case, those elements are:

1. Duty: A duty the other party had to behave with care and reasonableness.
2. Breach: A breach of this duty.
3. Causation: Their breach of this duty caused your accident.
4. Damages: You have suffered losses and damage because of this breach.

You need evidence of all four of these elements to win your case.

Duty and breach make up “liability.” In most cases, causation and damages tend to be where there is a dispute. Another way to say this is that the insurance company may dispute the injuries you have from an accident as well as those injuries caused by the accident.

Most of the evidence regarding causation and damages in your case comes in the form of medical testimony from the doctors. The medical records and testimony from your doctors will establish that you have an injury and that your injury was more likely than not caused or aggravated by the accident.

Again, as the plaintiff, you have the burden of proving your case with evidence.

Reason #2: Failure To Report The Accident Immediately In Florida

You are required to report a car accident to the Department of Highway Safety and Motor Vehicles (DHSMV) in Florida within 10 days after a crash. Most people call the police and have them fill out a report. 

If you did not call the police at the scene of the accident and instead exchanged information with the other driver, you must self-file a crash report at DHSMV within 10 days. Failure to do so may create doubt about whether an accident occurred with the insurance company.

For other types of personal injury claims, you should report your injury to the business as soon as practical. However, you should report your injury before leaving the premises. If you leave the property and come back to make an injury report, the business or insurance company may have doubts about when and where your injury occurred.

Attorney Christopher Russo is an experienced lawyer based in Lakeland, FL, who has helped countless clients just like you navigate the intricacies of personal injury law. With nearly 20 years of experience, he is prepared to assist you in winning your personal injury claim so you can receive the just compensation you deserve. 

Still have questions? Ready to get started? Contact Russo Law today to schedule an initial consultation.

Reason #3: Missed Deadlines

The most important deadline in your personal injury claim is the statute of limitations, which is 2 years (prior to 2023, it was 4 years). If you do not file a lawsuit by the expiration of the statute of limitations, your claim will be forever barred.

Reason #4: Inconsistencies In Your Medical Records

Inconsistencies in your medical records can cause an insurance company to deny your injuries are related to your accident. Inconsistent medical records can raise doubt about the origin or cause of your injury, as well as whether you have an injury at all.

Reason #5: Pre-Existing Medical Conditions

The defense may contend your injuries were pre-existing and not caused by the accident. If the jury finds that your injuries were pre-existing and not aggravated by the accident, you will not be awarded anything.

Your doctors should specify that your injury was an aggravation to a pre-existing condition when an accident makes your condition worse.

How Do You Help Clients Avoid These Pitfalls From The Outset?

Disclosure of pre-existing conditions to your doctors is one of the best ways to avoid a claim denial. When you disclose to your doctor that you had a pre-existing condition and that pre-existing condition was made worse by the accident, your doctor can properly record that in your medical record. 

Failure to disclose a pre-existing condition, particularly when there is evidence in another medical record, results in a loss of credibility for you and your case. Always disclose prior medical conditions to your doctors when seeking treatment for an accident.

Don’t Let Your Case End With A Denied Claim; Allow Russo Law To Help

Most cases involving attorneys are cases where the insurance company has either denied the claim or partially denied the claim. If the claims were admitted, there would be no need to hire an attorney. 

However, the fact is insurance companies deny many legitimate claims, and that causes the claimants to seek legal counsel.

I have represented thousands of people with partially or wholly denied claims and reached a successful conclusion later on.

Still Have Questions? Ready To Get Started?

For more information on personal injury claim denial in Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 243-6166 today.