What if the Insurance Company Denies My Claim?

What if the Insurance Company Denies My Claim?

On Behalf of Rosenthal, Levy, Simon & Sosa | June 3, 2025 | Personal Injury

If you’ve been injured by the negligence of another person or business entity, you are exceptionally vulnerable to begin with, and if the involved insurance company denies your claim outright, it makes the matter that much more difficult. What you should not do, however, is simply accept the insurance company’s decision. Instead, you shouldn’t delay discussing your claim with an experienced West Palm Beach personal injury attorney.

The Insurance Company Does Not Have the Final Say

Insurance companies are paid specifically to cover claims like yours, and when they take it upon themselves to deny them upon first review, it can feel very final, but this isn’t necessarily the case. The truth is that the law has the final say on the matter, and if you can prove that each of the following elements applies to your case, you’re entitled to compensation:

• The other party owed you a duty of care, which means they bore some responsibility for your safety. A good example of this duty of care is the responsibility all drivers accept when they get behind the wheel. 
• The other party breached the duty of care they owed you, which means they engaged in some form of negligence, such as distraction, impairment, or excess speed behind the wheel.
• The other party’s negligence was the direct cause of the accident in question. For example, if you were injured as a result of a motorist who blew through a red light and T-boned your vehicle in the process, the matter of fault, which in this case is both distraction and failing to follow the rules of the road, will almost certainly lie with them. 
• You suffered legal damages, such as property damage to your vehicle in a traffic accident, medical expenses, lost income, physical and emotional pain and suffering.

Your Personal Injury Lawyer’s Role

Your reliable personal injury attorney will not only establish that each of the required elements is present in your case but will also flesh out the scope of your losses by strategically employing all the available evidence. If the insurance company continues to ignore the strength of your claim and refuses to engage in fair negotiations, you can count on your lawyer to address the matter by filing a lawsuit against them. 

If the insurance company is ultimately determined to have acted in bad faith, they could also face punitive damages, which are designed to punish them rather than to compensate you for your proven losses.

You Need an Experienced West Palm Beach Personal Injury Lawyer on Your Side

The resourceful personal injury attorneys at Rosenthal, Levy, Simon & Sosa – proudly serving West Palm Beach – have reserves of experience resolving complex claims in our clients’ favor and do not back down in the face of claim denials or unfair settlement offers. Your claim is important, so please don’t hesitate to reach out by contacting us online or calling us at (866) 640-7117 and learning more about what we can do to help you today.

On Behalf of Rosenthal, Levy, Simon & Sosa | June 12, 2025 | Motorcycle Accidents

When you’re on your bike, there is no denying that you are far more vulnerable to the risks of the road, which include potholes and debris. To make it that much more difficult, motorcycle accidents are among the most dangerous crashes on our roadways. Generally, road maintenance is the responsibility of a specific municipality, which makes related motorcycle accident claims even more challenging. If a pothole or debris-strewn road leaves you injured, you need the professional legal guidance of an experienced Lake Worth motorcycle accident attorney on your side.

When You Hit a Pothole or Debris

Hitting a pothole or debris on the road can upset your balance on your motorcycle and send you flying, which is closely associated with life-threatening injuries. Your bike is far lighter than the other vehicles on the road, and it offers nothing in the way of protection – the way a car’s metal shell does. Additionally, riding safely requires you to retain your balance at all times, and both potholes and slippery debris can seriously interfere with your ability to accomplish this.

Governmental Entities and Third Parties

Governmental entities are responsible for maintaining public roads throughout Florida, which means they are often held liable for the dangerous motorcycle accidents that are caused by potholes. The legal intricacies of claims against governmental agencies are amplified, and they include more exacting requirements, shorter time limits, and immunities that don’t apply to motorcycle claims involving driver negligence.

Debris Can Often Be Attributed to Third Parties

If your motorcycle accident was caused by debris, it may be the result of third-party negligence, such as:

• A road construction company that allowed debris to litter the road
• A motorist’s litter
• Items that fell off another vehicle traveling the road 

The associated municipality can also potentially be held responsible for dangerous debris – if they were negligent in their duty to timely address a known risk factor.

The Government’s Duty of Care

The governmental entities responsible for roadways in Florida owe a duty of care to everyone who travels on them, and this translates to keeping them in a reasonably safe condition and addressing potholes and debris within a reasonable amount of time. If the agency responsible for the road knew about the danger in question – or reasonably should have known about it – and failed to address the concern in a timely manner, they could be held liable.

Potholes 

Potholes are often caused by the deterioration of the road’s surface, which is a matter that should be addressed by regular maintenance. They can also, however, be exacerbated by poor road design or improper construction. While potholes often contribute to car accidents, motorcyclists are at far greater risk of being seriously injured.

Debris

Debris on the road is especially dangerous for motorcyclists. Even grass clippings that aren’t cleared away after mowing a roadway’s shoulders can make the road as slippery as ice for anyone on a bike.

It’s Time to Consult with an Experienced Lake Worth Motorcycle Accident Lawyer

The knowledgeable Lake Worth motorcycle accident attorneys at Rosenthal, Levy, Simon & Sosa have earned an imposing reputation for successfully guiding even the most challenging motorcycle accident cases involving municipalities toward optimal outcomes, and we’re here for you, too. To learn more, please contact us online or by phone today.