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What if the Insurance Company Denies My Claim?

Home  >  Blog  >  What if the Insurance Company Denies My Claim?

June 3, 2025 | By Gerald A. Rosenthal
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.

Gerald A. Rosenthal Author Image

Gerald A. Rosenthal

Retired

Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.

Author's Bio

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