How to Appeal a Denied Personal Injury Claim

Sometimes, a personal injury claim may be denied. For a person who suffered severe injuries, this can be extremely challenging and upsetting. However, you may have additional remedies if this happened to you. In this article, we discuss the different types of denials and your options. Our discussion focuses on the claims you have against the responsible defendants.

We also handle claims against your own insurance carriers (such as for personal injury protection (PIP) benefits, uninsured/underinsured coverage, collision insurance, and your own health insurance) if necessary.

You handle your insurance claim without a lawyer

Many accident victims make the mistake of trying to handle their personal injury claims on their own. As a general rule, you should never try to settle your case without legal representation. The insurance companies for vehicle owners, doctors, manufacturers, and other people and businesses who cause injuries are not your friends. They will make every effort to deny your claim or make low settlement offers that don’t fully compensate you for your injuries.

The liability insurance carriers (the insurance companies for the responsible parties, as opposed to your own insurance companies) may claim that you are fully or partially responsible. They may argue their policy doesn’t cover the responsible party. They may give other reasons for the denial.

Generally, if they deny your claim, your remedy is to contact our experienced personal injury lawyers. We can work with investigators, the police, traffic reconstruction experts, product safety experts, doctors, and other liability experts to show the defendants are liable. We also thoroughly question those responsible and any witnesses who have relevant information (such as eyewitnesses) to help establish liability, too.

The greater danger is that you settle your case for less than your case is worth. Once you make a settlement with an insurance company, you cannot ask for more money if your injuries are more severe than you thought, your medical bills are more than you figured, and you didn’t fully understand all your financial and personal damages.

The liability insurance carriers deny your claim, even though you have a lawyer

At Nace Law Group, we fight for personal injury clients in many ways. We work with experts and through the formal discovery process to establish fault. Our Washington, DC personal injury lawyers work with your doctors (and our network of doctors, if necessary), your employers, financial experts, life planners, vehicle repair experts, and other experts to fully understand all your economic and personal damages – including long-term complications.

After we complete our investigation and damage review, we negotiate your claim with the responsible insurance companies. There may be more than one insurance company. For example, in medical malpractice cases, a doctor may have an insurance company, and a hospital may have a different insurance company.

Whether your claim settles depends on several factors, including:

• The strength of your liability claim
• The types of injuries you have
• The scope and severity of your injuries
• The amount of insurance coverage
• How much the insurance company thinks a jury would award
• The time it will take for a jury to hear your case
• Many other factors

Ultimately, you decide whether you will accept or reject the offers from the insurance company/companies. If you accept the offer, then the insurance company/companies will send us a check provided you release their client(s) from liability. We’ll then pay you your share of the check.

If you reject the final offers from the insurance company/companies, then your remedy is simple. We will formally request that the local court (with a local jury) decide the merits of your claim. We’ll explain when other alternatives, such as arbitration, may be used.

Our lawyers then prepare you for the trial by helping you understand what happens at the trial and reviewing the questions the defense lawyers are likely to ask. We’ll make arrangements for our experts to be ready to testify when the trial takes place. Our seasoned trial lawyers have the experience and skills to select jury members, present evidence, object to improper evidence by the defendants, and persuasively argue your case.

A jury finds that the defendants are not liable for your personal injuries

At Nace Law Group, we advise clients about their rights if a jury either finds that the defendants are not liable or if their award is less than we think your case deserves. Generally, personal injury victims and the families of loved ones who have wrongful death claims can file an appeal to the state or federal appellate courts.

In Washington, DC, your case is likely to be tried before a trial court, called a superior court. If the jury rules against you, you can appeal to the DC Court of Appeals. Some personal injury cases are also tried in the federal district court for Washington, DC. The US Court of Appeals for Washington, DC, hears appeals from the federal district court.

To file an appeal, you must show that the lower court trial was improper because there were mistakes in law; there was misconduct by the jury, the defense, or the judge; evidence that should have been admitted was excluded (or vice versa), the jury instructions were improper, or there are other valid reasons for the appeal. There are strict time limits and requirements for filing an appeal from a jury’s decision.

If the appeal is granted, the appeal court can order a new trial, modify the jury decision, or reverse the jury decision.

If your personal injury claim was denied by an insurance company or a jury ruled against you, you may have remedies. Please call Nace Law Group or use our contact form to schedule a free consultation. We can explain your options. We have offices in Washington, DC and West Virginia.