Insurance Claims Process
If you have suffered a loss or a personal injury as the result of someone else's negligence the filing of an insurance claim is often one way to seek compensation for your damages. In many situations, people and companies carry liability insurance. Liability insurance coverage is typically available to pay for items such as medical expenses, lost wages, pain and suffering and property damage.
The insurance claims process typically begins with the filing of a claim. Usually the person that caused the damage calls their insurance company or insurance agent. The injured person can also contact the responsible party's insurance company. Information about the incident, event or accident is gathered and an insurance adjuster and claim number are assigned to the claim.
Next an investigation begins. Accident reports are gathered. Witness statements are taken. Physical evidence (such as photographs) is obtained. Damages are evaluated. For example, in a car accident case, damage to the vehicles is assessed. If injuries are involved, the investigation includes the gathering of and review of medical records and medical bills.
If liability (fault) is clear, the insurance claims process is quite simple. Damages are established and the injured party often receives (or demands) an offer of settlement. Insurance companies often make initial offers that are unacceptable to the injured person. In this situation, negotiations continue until an acceptable settlement arrangement is reached or until there is an impasse.
If the insurance company and the injured person cannot reach a settlement agreement, the injured person will file a lawsuit in most instances. Most victims of negligence in Kentucky that find themselves in a situation where they need help negotiating settlement hire Kentucky attorneys that handle personal injury cases. Lawyers are also hired when the victim doesn't know the value of their claim. Kentucky attorneys that pursue injury or medical malpractice claims can help determine the appropriate value of claims. Many Kentucky attorneys also have extensive experience in negotiating an appropriate settlement.
In cases where liability (fault) is disputed, it is often necessary to hire a Kentucky lawyer to negotiate not only value but responsibility for the damages suffered. Lawsuits are filed, in situations where the parties cannot agree on value and also in situations where fault is in dispute.
When liability or fault is determined, it is the responsibility of the liable person to pay appropriate damages (again, lost wages, medical expenses, property damage, pain and suffering, etc). However, many individuals and businesses pay premiums for insurance coverage to stand in their place and pay for their negligent/accidental acts. In those situations it is often helpful to have the professional assistance of a lawyer to work through the insurance claims process.
Liability insurance must be purchased by every licensed driver in Kentucky. Insurance is also typically purchased by professionals to handle potential malpractice, errors and omissions. Kentucky doctors often purchase medical malpractice insurance. Kentucky attorneys often purchase legal malpractice insurance. Certified public accountants, real estate agents and other professionals also often purchase liability insurance to protect themselves in the event they are responsible for damages to others.
Companies buy insurance in the event their employees get hurt or their employees cause accidents or other injuries. Owners of real estate and business owners buy insurance coverage to handle the claims of customers or others that get injured on their property or in their businesses.
If you have a Kentucky personal injury claim or Kentucky malpractice claim and feel that it would benefit you to seek the services of a Kentucky lawyer that handles malpractice and personal injury cases, you can contact Brett H. Oppenheimer, PLLC via email or simply call (502) 242-8877. Brett can evaluate your claim and counsel you on the legal process of insurance claims and help you to determine the value of your case.
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