Suffering from a personal injury is one of the worst things that a person could experience. Whether it was at work, a car accident, or anything really, it can be quite a stressful ordeal to go through. Yet, you cannot let that distract you from the fact that you should file a claim for compensation if the other party was negligent. Yes, it can be overwhelming and no one likes dealing with insurance companies, but you still have to do it because it’s your right. The problem with those cases is they can be quite tricky, and any misstep can cost you the entire claim. These are 5 reasons why a lot of personal injury cases fail.
Delaying Medical treatment
You might think that just because you got a few bruises and a sprained arm that it is acceptable to delay medical treatment; it is not. For starters, you may be suffering from internal injuries that you are unaware of, which can cause some serious complications if left untreated. Medical angles aside, legally speaking, this could destroy your personal injury claim. When you go to see a doctor after suffering from an incident, they not only treat you, but also create detailed documents and reports with your condition and the required treatment. These reports are the proof you will need to demand compensation in your personal injury claim.
Not hiring specialized lawyers
This is another mistake a lot of people do, thinking they can save some money by hiring inexperienced lawyers –– inexperienced doesn’t necessarily mean overall, but specifically when it comes to personal injuries. Or even worse, some people try to handle the case on their own, which is never a good idea. As explained on FlemingAttorneys.com, not all personal injury cases need to go to trial; some can be settled by insurance companies, but you need experienced lawyers with this particular type of case for that. You also want attorneys who will know how to handle the claim should the case go to court. The optimum scenario is getting settled without going to trial, and it has to be a fair one because insurers tend to offer pennies one the first go. Whether that is the case or if it is going to trial, you will definitely need an experienced personal injury attorney.
Not providing enough evidence
Personal injury cases are all about determining liability. If you can prove that the other party is negligent in one way or the other, you can easily win the claim. To do that, you need to be diligent about collecting and providing the necessary evidence. This starts right after the incident. You shouldn’t leave the crime scene without taking photos of everything for documentation. You also need to get witnesses’ personal information so they could be called to testify if needed, and more importantly, never leave without a copy of the police report as it plays a huge role in the future. So, never throw away any relevant information as that could cause your entire claim to fail. The best practice is to create a special folder to include all files and documents related to the case, from medical reports to insurance company estimates.
Exceeding the statute of limitations
The statute of limitations is the time period in which you can file for a personal injury claim after an accident. If you filed for compensation after that time window, your case would be dismissed. This is why it is important that you consult an experienced lawyer on this one, and the statute of limitations varies from state to another. So, find a personal injury attorney and ask them whether or not your claim is still valid, but try to do it as soon as possible after the injury.
Using false information
This one is critical and it could completely end your claim. Sometimes, people leave out an important part of their medical histories or worse, provide an inaccurate one. You can rest assured that the insurance company lawyers will find this out and use it against you if the case ends up in court, and you could easily end up with nothing just because you forgot something or opted to hide a part of the truth.
One more additional point that could cause your claim to fail is signing the wrong documents. This is usually a lengthy process that entails signing a lot of documents, and if you lost your focus for one moment and signed the wrong document, you could be waiving your right to sue. So, always pay attention to what you are signing, and make sure you have a personal injury lawyer by your side throughout the entire case.