Personal Injury Claim Been Denied? Here’s What to Do

personal injury claim denied

When you suffer a serious injury because someone else was being irresponsible and reckless, you deserve to be compensated for the harm you have suffered. It can be hard to pay for your medical bills, your pain and suffering, and other damages.  Especially when your personal injury claim is denied and the insurance company refuses to pay out.

How can you respond when the insurance company denies your claim?  Learn the various options you have to respond to a personal injury claim that has been denied, and how a Chicago or Tampa personal injury lawyer can help your case.


The first thing you should do when your claim is denied is to carefully review the language used in the denial, and in the insurance policy. Check for exclusions which could be hidden in the fine print. Focus on the specific language used to find the right policy provision. It’s possible the denial was based on a specific exclusion.


One option you have, if the denial seems ambiguous, erroneous, or contains information that is misleading or false, is to write a letter that disputes their denial. Make the letter both as detailed and as concise and to the point as possible. Explain errors and falsehoods and ask for clarification on ambiguous or misleading issues.

Your policy may have provisions which require you to use dispute resolution or arbitration to resolve these issues. Before you attend such meetings, speak with an attorney. It’s a bad idea to try to defend your own interests against an insurance company.


If the insurer doesn’t respond to your dispute letter, or if they continue to deny your claim,  speak with a personal injury lawyer about filing a lawsuit. You may be eligible to receive a range of compensatory damages.  These include damages for your

  • medical bills
  • rehabilitation treatments
  • medications
  • pain and suffering
  • loss of consortium
  • damaged quality of life
  • lost earnings and lost future earning potential

The two most popular reasons to seek legal action against an insurance company are for breach of contract or bad faith negotiations.


Breach of contract occurs when the insurance company denies a claim against the strictures in the policy. The insurance company is legally bound to abide by the terms of the policy.  If they don’t do so, they’ve violated their contract with you. In such cases, the language used in the policy is closely scrutinized.  If it’s found that the insurance company failed to abide by the terms, you can be awarded damages and expenses related to the denial.


Insurance companies are bound to treat their clients in a way that is fair and reasonable. If they fail to do so, they are breaching a duty of care towards their clients, and this constitutes Bad Faith. In such cases, the insurer can be liable for emotional distress, fraud and may even suffer punitive damages.


If you are facing the denial of an insurance claim, it’s in your best interest to seek help from the services of a Chicago or Tampa personal injury lawyer. At Disparti Law Group, we level the playing field against big insurance companies and get you the compensation you’re entitled to.


With over $1 Billion in recoveries for our clients, Larry Disparti and the entire team at the Disparti Law Group know how to win!   Contact our Chicago or Tampa Personal Injury lawyers today and find out why thousands of our clients say, Larry Wins!

Call the Chicago personal injury attorneys at (312) 600-6000 or the Tampa personal injury lawyers at (727) 600-6000

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