How To Appeal A Denied Personal Injury Claim

Attorney

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Personal Injury Law

Filing a personal injury claim is meant to help you recover compensation after being hurt due to someone else’s negligence. Medical bills, lost income, and other expenses can pile up quickly, making that compensation critical to your recovery. Unfortunately, not all claims are approved. When your claim is denied, it can feel frustrating and discouraging, especially when you’re still trying to heal.

The good news is that a denial doesn’t have to be the end of the road. In Michigan, you may have the option to appeal the decision or take additional legal steps to fight for what you are owed. Understanding why claims get denied and knowing how to respond can make a major difference in the outcome.

Start by Understanding Why the Claim Was Denied

Before you can challenge a denial, you need to understand the reason behind it. Insurance companies are required to provide a written explanation when they deny a claim. This denial letter will usually list the reason for their decision.

Common reasons for denial include:

  • Missed deadlines or incomplete paperwork
     
  • Lack of evidence showing the other party was at fault
     
  • Disputes over whether your injury was caused by the accident
     
  • Allegations of pre-existing conditions
     
  • Gaps in medical treatment or failure to follow up with care
     
  • Policy exclusions or coverage limits

Carefully review the denial letter. If the explanation is unclear or doesn’t seem to match the facts, that’s a red flag. Keep the letter in a safe place, as it may be used during the appeal process.

Gather Additional Evidence to Support Your Case

Once you know why your claim was denied, the next step is to gather any missing or additional evidence. This could include:

  • Updated medical records showing the extent of your injuries
     
  • Doctor's statements linking your injuries directly to the incident
     
  • Witness statements supporting your version of events
     
  • Photos or videos from the accident scene
     
  • Police or incident reports
     
  • Receipts and records of medical treatment and related expenses

In many cases, denials happen because the insurer doesn’t have enough documentation. Filling in those gaps can improve your chances of getting the claim reconsidered.

Work With a Michigan Personal Injury Attorney

If your claim has been denied, now is the time to speak with a personal injury attorney. Appealing a decision can be complex, and insurance companies often rely on legal language and policy details to protect their bottom line.

A lawyer can review your claim, identify weaknesses or errors in the denial, and help you gather the strongest possible evidence. They also know how to deal with insurance adjusters and negotiate on your behalf. If necessary, they can file a formal appeal or take the case to court.

Having a legal advocate levels the playing field. It shows the insurance company that you’re serious and that you have someone in your corner who knows how to fight back.

Understand the Appeal Process and Deadlines

Appealing a denied personal injury claim typically starts with filing an internal appeal with the insurance company. This is your chance to respond to the denial, submit additional evidence, and ask them to reconsider.

In Michigan, there is no universal deadline for all appeals—it depends on the policy terms. Some insurers require you to file an appeal within 30 to 60 days. Others may allow more time. That’s why it’s critical to act quickly after receiving the denial notice.

If the internal appeal is unsuccessful, your attorney may recommend filing a lawsuit. This shifts the matter into the court system and allows a judge or jury to decide whether you deserve compensation. Keep in mind that Michigan’s statute of limitations for personal injury lawsuits is generally three years from the date of the injury. Missing this deadline could permanently block your ability to recover damages.

Know What to Expect After Filing an Appeal

After you or your lawyer submit an appeal, the insurance company will take time to review the new evidence and reconsider their original decision. This process can take several weeks, sometimes longer. During this time, they may request additional documents, ask you to attend a medical examination, or propose a settlement.

Your lawyer can guide you through each step and help you decide whether a proposed settlement is fair. If the appeal is denied again, they can explore other options, including filing a lawsuit or negotiating directly with the insurer.

Avoiding Common Mistakes During the Appeal

When appealing a denied personal injury claim, avoid these common mistakes:

  • Waiting too long to act
     
  • Failing to collect new evidence or address the reason for denial
     
  • Submitting incomplete or disorganized paperwork
     
  • Speaking with insurance adjusters without legal advice
     
  • Accepting a low settlement out of frustration

The appeal process can be frustrating, but rushing through it or trying to handle it alone may hurt your chances. Patience, organization, and legal guidance can make the difference between a second denial and a successful resolution.

Why Appeals Can Still Lead to Fair Compensation

Many people assume that a denial means the end of their claim. That’s not true. Denials are not final unless you give up. Insurance companies make mistakes, rely on incomplete information, or deny claims in hopes that people won’t push back.

By appealing, you’re giving yourself another opportunity to tell your side of the story and present the facts. A strong appeal backed by solid evidence and legal representation can often lead to a favorable settlement or court judgment.

Getting Support From a Michigan Personal Injury Lawyer

Dealing with a denied personal injury claim can be overwhelming, especially when you’re focused on healing. But you don’t have to navigate the process on your own. The experienced team at Smith & Johnson is here to help. A skilled Michigan personal injury lawyer can review the denial, explain your legal options, and take the necessary steps to fight for the compensation you deserve.

Whether your claim was denied because of missing paperwork, a dispute over fault, or another issue, you still have a path forward. Acting quickly and working with a trusted legal team can make all the difference. Contact Smith & Johnson today to get the guidance and support you need to move your case in the right direction.

If you have any questions or need to get in contact with a Smith & Johnson representative, please contact Tim Smith.

Traverse City Office
534 E. Front Street
Traverse City, Michigan 49686
231-946-0700 (fax: 231-946-1735)

Traverse City Mailing Address
PO Box 705
Traverse City, Michigan 49685