How to Handle a Denied Injury Claim: Appeal Options in Arkansas

After suffering a personal injury, you filed a claim to seek fair compensation from the insurance company of the at-fault party. However, you may have received an insurance claim denial of your personal injury claim.

Perhaps you have already been dealing with mounting medical expenses and loss of days from work. Any stress you might have been feeling in your current situation may have been alleviated with the thought of having your claim paid by the insurance company for settlement.

Now, having received a low settlement offer or a denial letter from the insurance company, you might feel like you hit a brick wall. Rest assured, however, that you still have legal options available to you, and the personal injury attorneys at Justin Minton Law are here to help. Contact us at (501) 222-HURT or online for a free consultation.

Appeal Options in Arkansas

If the insurance company denied your claim or offered you a low amount of pay, you do not have to accept that response. You can attempt to negotiate with the insurance company for a greater amount based on legal grounds.

Perhaps there is a misunderstanding about the extent of injuries sustained. It is possible that what initially appeared to be minor injuries later developed into life-altering injuries. This would create a solid basis for disputing the claim denial by the insurance company on the necessary evidence, which was initially unknown.

Having the assistance of an attorney who is familiar with the procedure for negotiating a settlement process with insurance adjusters cannot be minimized. Your lawyer would be familiar with legal terms in the insurance policy and how an insurance company would attempt to deny a valid claim. 

Most claims can be negotiated. If the insurance claim cannot be settled for a fair amount, then a personal injury lawsuit must be filed. 

Understanding an Appeal in Arkansas

It is important to understand what an appeal is. An appeal is asking for a higher court to check the legal process that was used by the lower court to see if an error occurred that affected the judgment. An appeal is not a request to hear the case all over again, or to introduce additional evidence.

Common Reasons for Filing an Appeal

Although the injured party may be unhappy with the outcome of the insurance claim, he or she must have a legal basis for filing an appeal. Common grounds for filing a valid appeal include:

• Legal errors: This is among the most common reasons for disputing a decision. A legal error may have occurred if crucial evidence was omitted or erroneously allowed – or if there was a misinterpretation of the law.
• Insufficient evidence: An appellant may feel that no reasonable jury would have arrived at the verdict based on the limited evidence presented. Hence, the argument would be that more evidence is needed.
• Juror misconduct: If a juror was showing some type of bias or receiving improper instructions, an appeal can be made on this basis. This would also be true if a juror were talking about the case to outsiders or obtaining outside information.
• A judge’s misconduct: In some cases, a judge may give the jury improper instructions, show impartiality by making decisions that favor one party, or make comments that prejudice the jury.
• Procedural errors: Mishandling of documents, missing deadlines, and incorrect rulings on motions all constitute a basis for filing an appeal.
• Unfair verdict: If the appellant feels that the verdict awarded excessively insufficient damages, then he or she may dispute it. Although it is rare for an appeal to be granted, if the amount is extremely insufficient, it may be approved.

The experienced Arkansas lawyers at Justin Minton Law know how to build a strong case for appeal when a claim is denied. Schedule a free consultation with our legal team to learn about our methods.

Appeal Process in Arkansas

At the trial, a judge or jury will hear evidence and arguments relating to the case and render a verdict. After the court hearing, if you still feel that the judge or jury has rendered an unfavorable verdict, you can take further legal action and dispute the verdict. However, in Arkansas, there is a process that must be followed.

Arkansas law states that a Notice of Appeal must be submitted within 30 days from the date of the court’s decision. The following list outlines the remaining steps:

• Preparing the record: Once the appeal is filed, evidence from the trial (including additional documentation and transcripts) will be turned over to the appellate court for review.
• Submitting briefs: The appellant lawyer – the one requesting the appeal – will have between 30 days and 45 days to turn in a brief detailing the reasons why the court’s decision should be overturned. The appellee – the opposing lawyer – will also turn in a brief explaining why the decision should stand.
• Oral arguments: In some cases, the court would want to hear oral arguments from the attorneys of both parties involved. The court may want clarification on potential issues related to the case.
• Appellate court decision: Once the court has heard the arguments from both attorneys and has had time to review the evidence, it will render a decision. The ruling may be to affirm, or agree with, the lower court’s rendering – or to reverse it and change the verdict. Or else the court may decide to remand the case, which means to send it back to the lower court.

While legal rights to dispute a court’s decision exist, it can be a time-consuming and costly course to take. Legal fees can be costly due to the amount of extensive research and analysis that would need to be done by your attorney. Also, the time the appellate court takes to render a decision can take months or even years – in the end, you may or may not prevail.

This is why you should choose a law firm that has experience with the appeals process in Arkansas. A knowledgeable lawyer will know how to draft a strong appeal letter based on solid facts. Call Justin Minton Law to find out what options we can offer you.

How a Personal Injury Lawyer Can Assist You

If you feel frustrated because the insurance company denied your personal injury claim, you do not have to settle and pay for your own medical care for someone else’s negligence. Remember, state laws grant you the right to dispute the denial letter from the insurance company. You can reject any settlement offered by the insurance company and attempt to negotiate for a different amount. 

If it were a court that rendered an unfavorable decision, and not the insurance company, you could still dispute the decision. However, it simply doesn’t make sense to attempt an appeal on your own. Having legal representation would greatly increase the success rate of your claim.

Your lawyer would be familiar with the tactics used by insurance adjusters and opposing attorneys to deny claims, such as disputed liability. If the case must be argued in court and an unfavorable decision is rendered, your lawyer would know on what legal basis an appeal can be filed and how to build a strong case for disputing the decision. Further, your lawyer would be familiar with any deadlines that would need to be met to avoid the case being rejected.

Get Your Claim in Good Hands Today

The law firm you choose will have a direct impact on the outcome of your claim. Get legal help by choosing the experienced lawyers of Justin Minton Law. Our legal team is experienced in various practice areas of personal injuries and headed by Attorney Justin Minton, a former insurance adjuster who knows the tactics the other side will use against you.

Put our expertise to work for you. Call (501) 222-HURT or contact us online today to get counsel regarding your claim. If we don’t recover financial compensation for you, you don’t owe us a dime.