Hernia mesh defects can cause recurrence and other medical issues. Many of these mesh devices have been recalled by the U.S. Food and Drug Administration (FDA), and various product liability lawsuits have been filed. If you’ve been hurt due to someone else’s negligence, the guilty party’s insurance company will likely contact you.
As someone hurt by their insured, your interests are naturally at odds with theirs. You are entitled to full and proper compensation for your injury. But the opposing side’s insurance adjuster isn’t on your side. The insurance company employs them wholly to advance and defend its interests. The insurance company’s primary purpose is to minimize or completely avoid paying out any claims filed against them.
How the Insurer Can Deny or Devalue Your Hernia Mesh Injury Claim
Insurance companies use some common tactics to undervalue or completely deny legitimate hernia mesh claims.
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Offering a Quick Settlement
Accepting a quick settlement in exchange for cash might be tempting when you’re down and out. This is often the case just after a problem with hernia mesh surgery when the patient has not yet visited a doctor or received medical care for their condition. Now is when the insurance company most wants you to settle. If your insurance provider uses this strategy, it will want a full release from you before paying you any settlement. The insurance company will do this to clarify that you have no further legal recourse for your injuries, regardless of how severe they get or how many times you end up in the hospital.
Requesting Medical Authorization
Insurance firms may also attempt to have accident victims sign consent forms regarding medical treatment that are not limited in time or scope. Thereafter, the insurance company will utilize the medical permission to request your complete medical history, including visits to all doctors and hospitals, before and after the hernia mesh operation. It will do this to disprove your claim by pointing to a preexisting condition as the root cause of your injury, discomfort, and therapy. The defense will next state that the hernia mesh device did not cause your problems because you had these injuries previously. You should not sign a medical permission form for an insurance company unless your lawyer advises you to.
A company’s insurance policy may exclude coverage for mesh devices even if the injury was caused by policyholder error. This frequently happens when an accident involves what the insurance provider considers small or insignificant post-procedure issues. This is genuinely a bluff-calling strategy to find out how far you’re prepared to go to support a claim. Insurance providers are aware that many customers may give up because of their confusion and frustration. This is why it’s essential to consult an attorney about your case.
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Calling You Immediately After An Injury
This is done for several reasons, the primary one being to catch you off guard before you have had a chance to assess the full degree of your injuries and secure legal representation. It is typical for an insurance adjuster from the party’s insurance company who caused your injuries to contact you immediately after that and act politely. It’s easy to forget that the other side’s insurance adjuster is not on your side, especially if you trust and talk to him. The insurance adjuster’s friendliness is merely a strategy to break down the injured party’s defenses and get facts that may be utilized later as leverage.
Requesting a Recorded Statement
An insurance adjuster’s questions concerning your injuries may sound entirely legitimate. It is common practice for insurance adjusters to ask for this information in the form of a recorded statement. All of that makes sense for an insurer, but adjusters don’t use recorded statements to help ensure victims are adequately compensated.
Claims are denied or undervalued by using recorded comments to gather evidence subsequently used in court. During a recorded message, the insurance adjuster may ask you sharp questions that might be used against you. You should gently refuse to make a recorded statement if requested. Unless advised to do so by an attorney, you should not provide an insurance company with a recorded or written statement.
Deducting Some of Your Medical Bills or Treatment
Additionally, an insurance adjuster may encourage or persuade you to terminate treatment before the policy’s coverage limit has been reached. In addition to being harmful from a medical and therapeutic perspective, this action is detrimental to your legal position since it will result in a negative treatment history and may result in a reduction or elimination of damages.
Suppose you stop treatment after being pressured, only to find that you didn’t improve but are still in pain. In that case, the insurance company will use the fact that you did not continue to seek treatment as evidence that you were either not seriously injured or were exaggerating the severity of your injuries.
Trying to Lowball You with Settlement Offers
Some insurance adjusters may try to make you believe that you have no right to compensation for your pain and suffering or that you are limited in how much money you may get back. Likewise, they can convince you that you can’t have your lost pay compensated. They may try to convince you that a ridiculously low offer is reasonable in light of the law or your potential compensation from a claim when they know better.
Insurers intentionally undervalue and understate claims when they know the policyholder is unfamiliar with the case details. Do not take the negligent party’s insurance company at their word about your legal options. A lawyer can explain your legal options and help you decide how much compensation to seek for your injuries.
Telling You Not To Hire an Attorney
Maybe individuals wouldn’t feel the need to hire an attorney to defend them in injury claims if all insurance companies were equally fair, genuinely on your side, and concerned about completely and fairly paying those hurt due to the insured’s defective device. Insurance companies would rather you didn’t have access to your attorney’s expertise. They would rather have you settle for less money than have you pay a lawyer to advocate on your behalf.
Not Being Honest About the Amount of Coverage in Your Insurance Policy
Insurance adjusters may try to tell you that you’re only eligible to get a particular compensation for your claim, even though that figure may not represent what’s available from the party at blame. An attorney can assist you in determining who is at fault and what insurance coverage options are available to you.
Using Delay Tactics to Make You Settle for Less or Give Up
The insurance industry knows that many people with injuries may struggle financially. Your health crisis may have caused financial hardship, missed work, and emotional strain. Insurance firms benefit from this vulnerability. It is standard practice to drag out the claims procedure until the claimant is so financially desperate that they would accept almost anything. Worse, many individuals see it as so draining, frustrating, and unproductive that they give up and never recover. Maintain your resolve to seek the compensation you are legally entitled to for your harm.
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High Rise Financial offers affordable and non-recourse settlement loan to plaintiffs with hernia mesh injury claims. Call us today at (866)-407-6404 to schedule a simple case assessment. Our trusted legal funding experts will be happy to meet with you and educate you about the lawsuit loan options that are available to you.