How do insurance companies handle brain injury claims?
Insurance companies handle brain injury claims differently depending on the policy and the insurer. Generally, insurance companies will investigate the claim and may require medical records, accident reports, and other evidence, to determine the cause of the injury and the extent of the damages. Depending on the policy, the insurance company may cover all or part of medical bills related to the injury, lost wages, and other economic losses. In Texas, insurers are prohibited from engaging in unfair or deceptive practices when handling brain injury claims. For example, the insurer cannot state or imply that the injured party is responsible for their injury or that the medical provider is overcharging for services. Insurance companies must also investigate any claim of brain injury in a timely manner and provide a written decision in a reasonable amount of time. Additionally, if an insured person files a lawsuit against the insurer, the Texas Insurance Code provides a framework which the court must follow when determining liability. Ultimately, if the insurer is found liable, the insurance company is required to pay the costs associated with the injury, including medical bills and other economic losses. If the insurer is found not liable, the insured person may still be able to recover damages through their own individual policy or other legal remedies. It is important to contact an experienced attorney to ensure that your rights are protected and to ensure that you receive the compensation you deserve.
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