Personal Injury Lawyer Lehigh Acres
When an unexpected injury disrupts your life in Lehigh Acres, the personal injury lawyers at Donaldson & Weston are here to help you seek accountability and fair compensation. Don’t wait to protect your rights—call 866-939-7576 now to set up a free consultation.
Our personal injury services in Naples include:
- Motorcycle Accidents
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Slip and Falls
Top Reasons Why Personal Injury Claims Are Denied in Florida
Filing a personal injury claim after an accident in Lehigh Acres can be the first step toward recovering damages for your injuries, medical bills, lost wages, and more. But not all claims lead to compensation. In fact, many personal injury claims are denied by insurance companies for reasons that are avoidable.
Understanding what can cause a denial is important for anyone navigating the claims process. Being informed gives you a better chance of presenting a strong case from the start and avoiding delays or disputes.
Waiting Too Long to Report the Injury
Timing matters. One of the most common mistakes injured parties make is waiting too long to report the accident or injury. Whether you were in a car crash, a slip and fall, or another type of incident, it’s important to notify the appropriate parties as soon as possible.
If the incident involved a motor vehicle, the accident should be reported to both the police and the insurance company. For other types of injuries, such as those occurring on someone’s property or at work, reporting the injury to a manager, landlord, or other responsible party is essential.
Delaying this step can raise questions about whether the injury truly happened when or how you say it did. It may also be used as a reason to argue that the injury is not serious.
Not Seeking Medical Attention Right Away
Another leading reason claims are denied is the lack of immediate medical treatment. If you delay seeing a doctor, the insurance company might claim your injury was minor or unrelated to the incident. Even if you feel okay right after the accident, some injuries take time to appear. Getting checked out by a medical professional right away creates a clear link between the incident and your injuries.
Make sure to follow through with all treatment recommendations. Skipping appointments or ignoring medical advice can be used against you later.
Inconsistencies in Statements or Records
Consistency is critical in a personal injury claim. From the moment you report the accident to the final stages of negotiation or litigation, your story and supporting evidence should remain steady.
Insurance adjusters will closely examine your initial statements, medical records, witness accounts, and accident reports. If any part of your account changes or conflicts with other evidence, it may lead to doubts about your credibility.
This doesn’t mean you’re expected to remember every detail perfectly. But significant differences in your version of events could be enough to result in a denied claim.
Lack of Evidence Supporting the Claim
Every personal injury case needs supporting evidence. This includes documentation like medical records, photographs of the scene, police reports, witness statements, and sometimes expert opinions.
Without this evidence, insurance companies may argue that there’s not enough proof that their policyholder was responsible. They might also say that your injuries were not caused by the accident.
In Lehigh Acres, where traffic accidents and premises liability incidents are common, gathering solid evidence early on can be the difference between approval and denial.
Pre-existing Conditions Without Proper Documentation
If you had a previous injury or medical condition before the accident, that alone does not disqualify you from compensation. However, failing to distinguish the new injury from the old one—or hiding the pre-existing condition—can raise red flags.
Insurance companies often argue that the current injury was not caused by the accident if there is a known history of similar issues. Having a doctor clearly explain how the new injury differs from your prior condition can help prevent a denial.
Missed Deadlines or Filing Errors
Every personal injury case is subject to legal deadlines, known as statutes of limitations. In Florida, the general rule is that you have two years from the date of the injury to file a lawsuit. However, there are exceptions that can shorten or extend this window.
Filing late, submitting the wrong forms, or leaving out important information can cause unnecessary problems. An incomplete or inaccurate claim gives the insurance company a reason to reject it. That’s why working with a personal injury lawyer in Lehigh Acres can be beneficial. They know the requirements and can help you avoid costly errors.
Contributory Fault and Liability Disputes
Florida follows a modified comparative negligence rule. This means that if you are partly at fault for the accident, your compensation may be reduced based on your percentage of responsibility. But if you are found to be more than 50% at fault, you may be barred from recovering any damages at all.
Insurance companies often use this rule to their advantage. They may argue that your actions contributed to the accident in order to limit their payout or deny the claim altogether. Even if you believe you weren’t at fault, it’s common for liability to be contested.
Policy Exclusions or Lack of Coverage
Sometimes, a claim is denied simply because the accident or injury is not covered under the responsible party’s insurance policy. All insurance policies have exclusions, limits, and conditions. For example, certain policies might not cover incidents involving intentional acts, unlicensed drivers, or off-road use of a vehicle.
If the person or entity responsible for your injury doesn’t have coverage—or doesn’t have enough coverage—your claim could be denied, or you may only receive partial compensation. This is why it’s crucial to identify all possible sources of recovery early on.
Handling the Claim Without Legal Support
While it’s possible to file a personal injury claim on your own, doing so can increase the chances of a denial, especially in complex cases. Insurance companies have experienced adjusters and legal teams working to protect their bottom line. If you’re not familiar with the legal process, you might miss critical steps or accept a low settlement.
Having an attorney involved helps level the playing field. A lawyer can identify weaknesses in your claim, help collect the necessary evidence, communicate with insurers, and advocate for the compensation you deserve.
What to Do If Your Claim Is Denied
If your personal injury claim has been denied, that doesn’t mean your case is over. In many cases, a denial can be appealed. Your attorney can request a review of the denial letter, gather additional evidence, and file the necessary paperwork to challenge the decision.
The key is to act quickly. There are time limits for appeals and legal filings. Delaying your response can reduce your chances of success.
Trusted Lehigh Acres Personal Injury Attorney Ready to Assist
If an accident in Lehigh Acres has left you with injuries, don’t hesitate to reach out. The experienced personal injury attorneys at Donaldson & Weston are ready to guide you every step of the way. Call 866-939-7576 to schedule a free consultation and protect your rights.