If you are unsure about the validity or necessity of your injury claim, then don't file a lawsuit on impulse. You need to understand that not all personal injury claims succeed after filing them in court.
As a result, it's best for a personal injury attorney with experience handling these types of cases to take yours onboard, too!
Discover three common reasons why some people lose out on their claims.
For personal injury cases, evidence is critical. If you can't prove that the other party was responsible for your injuries, you won't succeed in court. That is why it's essential to gather as much evidence as possible after an accident. Gathering evidence in an accident scene involves taking pictures, seeking witness statements, and getting medical evidence. Ensure you have all documentation related to the accident, including medical statements or lost wages. If you haven't sought medical treatment after suffering an accident, your claim will probably be denied. The insurance provider's defense may claim that your injuries were not severe enough to require medical attention.
For these reasons, seek medical attention as soon as possible after being injured in a car accident. This step will help your personal injury attorney prove your injuries were severe and that you actually suffered damages. But if you cannot gather evidence yourself, your injury lawyer will do it for you.
Lack of Liability
Even when you have evidence that the other party was responsible for your injuries, an insurance company may still claim to not be liable. Unfortunately, this is a common tactic used by some insurance companies to avoid paying out claims.
That said, ensure that you call the police immediately after the accident. If you have a police report to back your evidence, it will be more difficult for the other party to claim that they are not liable.
Also, remember to get the other party's insurance information. Doing so will help your lawyer build a strong case against them. Your personal injury lawyer will also have solid grounds to argue your case and prove that the other party is responsible for your injuries when they have more proof of liability.
Statute of Limitations
Each state has a different statute of limitations regarding personal injury lawsuits. These limits describe the time before which you have to sue after being injured in an accident.
For instance, in Georgia, you may lose your chance at compensation if you wait longer than two years to file a personal injury lawsuit. Basically, you cannot sue after the statute of limitations expires.
Consulting with a personal injury lawyer is crucial to avoid such a loss. They will advise you on your state's statute of limitations and assist you in filing a strong case before it's too late. Better yet, a good lawyer, one from a place such as Siben & Siben LLP, will accept payment only after they win the case for you.