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How to Deal With Insurance Companies in a Medical Malpractice Case

by Soft2share.com

Dealing with insurance companies goes hand-in-hand with dealing with a medical malpractice claim. Ideally, your medical malpractice attorney in Maryland should do most of the communications with the insurance company for you. However, you may still have to talk to the insurance company yourself at times, and you should be prepared for that.

Ask a Medical Malpractice Attorney in Maryland: How Do You Deal with Insurance Companies in a Medical Malpractice Case?

1. Consult an Attorney

You should consult an attorney before you talk to the insurance company that’s responsible for paying out after you’ve experienced medical malpractice. An attorney can determine whether or not you actually have a claim, and they can help you figure out if you’re dealing with medical malpractice or medical negligence. Visit this page to learn more about the difference between medical malpractice and medical negligence.

When an attorney takes on your case, it also makes insurance companies more likely to take you seriously. Your attorney may even assist you before you make a claim with the insurance company, and that may help you when recovering compensation.

2. Be Polite and Stay Calm

Sounding nervous or panicked is a big red flag to the insurance company when you’re dealing with them. Remain as calm as possible, and always be polite to the insurance adjuster that you speak to if you have to contact the insurance company yourself at first. You may request that your attorney contact the insurance company on your behalf if possible right from the start of your claim.

3. Get the Name of Every Person You Talk to

You should have the name of every person at the insurance company that you or your attorney speak to. You should also be sure to know their position at the company. This is for future reference if you need to mention who you spoke to about a particular issue.

4. Answer Questions with Your Attorney’s Help

The insurance company may wish you to answer questions about your case. If they contact you even though they’ve been dealing with your attorney, then you should tell them that you’re not in a position to answer these questions right now, but you’d be happy to arrange a phone call with your attorney present at a later date. From there, get in touch with your attorney and discuss how you can best answer the questions without harming your case.

5. Don’t Go Into Detail Unless Advised

You should never go into detail about the accident when making statements or answering an insurance company’s questions. You should only discuss the accident after first consulting your attorney for advice.

It’s your attorney’s job to collect evidence regarding the malpractice or negligence that occurred, and they need to prove that it occurred and that it caused your injury which led to damages. Discussing the incident in a way that’s not directly related to liability, your injuries, or your damages is unwise unless otherwise advised by your attorney.

6. Set Limits

If the insurance company contacts you and tries to get you on your own, then set limits on what you can talk about and how long you can talk for. The person on the other end of the phone may not be pleased if you stop the call because you need to speak to your attorney, but that’s not your problem. You have the right to end the call and seek legal advice as long as you remain polite when asserting your boundaries.

7. Don’t Let the Insurance Company Pressure You

You may feel pressured by an insurance company, even if you’re not the one dealing with them directly. The insurance company may attempt to pressure you into settling as quickly as possible, but don’t fall for this tactic. Your attorney will advise you on whether or not it’s wise to settle or not. Experienced attorneys know when you should negotiate further, file a lawsuit, or accept a lower-than-desired settlement in cases where a lawsuit would be unwise.

8. Stay Short and Sweet

Your attorney should be the only one giving lengthy answers and statements to the insurance company, as your attorney knows how best to conduct themselves to avoid incriminating you, creating inconsistencies, and so on. If you need to speak to an insurance adjuster personally, then keep every response short and sweet and don’t volunteer too much information.

Basically, only tell the insurance adjuster things they already know. Let your attorney handle telling them new information that comes to light.

9. Take Notes

Take notes to show your attorney if you end up having to speak to the insurance company without an attorney present. If you’re present while your attorney speaks to the insurance company, then you may wish to take notes to remember the conversation later, but you should leave these with your attorney so they can’t be used against you by the other side. Your attorney will likely take notes, too.

In most cases, you won’t have to deal with the insurance company much or at all while pursuing a settlement for medical malpractice. Your attorney will usually deal with communications and negotiations on your behalf. However, if you do have to deal with the insurance company yourself, then keep the tips above in mind to make the conversation go smoothly.

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