You have endured an illness or injury that has left you disabled and unable to work. Therefore, you are frustrated, disappointed, and anxious when you file a disability claim and it gets rejected.
After exhausting the appeals process and getting nowhere, it may be difficult to determine what your options are. In a situation such as this, a disability claim lawsuit should be filed and the following are tips to aid you to ensure you are successful in this endeavour.
1. Start early
You are off work due to an injury or illness and you subsequently file a disability claim to your insurance company. Despite you thinking that it is a legitimate and straightforward claim, it gets rejected.
Instead of waiting until you are struggling financially before taking action with a disability claim lawsuit, you need to take the steps to file a lawsuit immediately after your initial claim and appeals get turned down. This is because applications can take one year to process and two years for you to finally get your day in court.
You will be able to apply and receive government assistance however this will not be enough to support you for the rest of your life and you may even become ineligible to receive it after a given period. Therefore, you need to start early with your lawsuit, gathering documentation and evidence and hiring an experienced attorney.
2. Hire an attorney
You may be confident in your ability to represent yourself in a lawsuit. However, with your financial well-being at stake, you may not want to take a chance.
Hiring an attorney skilled in disability lawsuits will provide you with someone that can represent your interests when contacting insurance companies and defence teams. The attorney can review your case and all circumstances and can come up with a compensation amount that is fair and will meet your needs going forward.
If a hearing is scheduled, an attorney knows which questions to ask to prove your case and if an offer to settle occurs, he/she can make recommendations to you regarding whether to accept, reject, or counter-offer.
3. Make diagnosis clear
Your disability may be clear to you and your attorney. However, it may not be to a judge and insurance companies and defence attorneys may do their best to put your diagnosis in doubt. Therefore, you need to make your diagnosis clear and leave little room for doubt.
In order to be successful in your disability claim lawsuit, remove the guesswork regarding what your ailment is. State exactly what your diagnosis is in your lawsuit. Back it up with written documentation from doctors you have visited. If your disability has physical aspects, take photos of them. This evidence will speak to your diagnosis and prove that the insurance company erred in not providing you with the support you need and deserve.
4. Obtain medical evidence
A major part of your lawsuit will be medical evidence that pertains to your disability. The court needs proof that your disability affects your ability to work. Failure to provide this will suggest that you have not seen a doctor that has diagnosed you, leading to a dismissal of your case.
Medical evidence needed to be successful in your case can include letters from doctors you have seen, copies of medical tests completed, x-rays if applicable, proof of prescriptions, and all receipts that relate to your disability. The more information that you have that confirms your disability, the better chance you have of winning and receiving adequate compensation.
5. Be honest
It may be tempting to push the boundaries of your case and stretch the truth to make your disability more obvious or worse than it is in an attempt to better ensure compensation. However, this can cast you in a negative light and if discovered by a judge, he/she may be reluctant to believe you when it comes to your disability.
Throughout the disability claim lawsuit process, you need to be 100 percent honest. This includes refraining from overestimating your compensation or damages and acting in a manner that exaggerates your condition. If you legitimately have a condition that makes you eligible for disability compensation, such actions should not be necessary.