After experiencing an accident, the last thing you want to consider is whether or not you can file a personal injury claim and obtain compensation for your damages. Unfortunately, the unfortunate reality is that incorrect denial of these arguments is more frequent than you may anticipate. This article discusses the five most prevalent grounds for denying personal injury claims.
The top five reasons why your Injury Claim might get refused
If you have been hurt in an accident, it is essential to understand why your personal injury claim may get refused. The difference between obtaining the necessary compensation and receiving nothing might be significant if you fail to do so.
Among the most prevalent reasons why personal injury claims are dismissed are the following:
- Inability to file a claim within the applicable time restriction
If you are harmed in an accident, it is crucial to take immediate action. You typically have a limited amount of time to claim for personal injury. Your claim may get refused if you fail to submit it within the statute of limitations.
The statute of limitations is a legal provision that establishes a deadline for launching a lawsuit. In most states, the personal injury statute of limitations is two years.
It suggests that you have two years from the accident to file a lawsuit against the other party. If you wait more than two years, you risk having your claim denied. The statute of limitations for filing a personal injury claim in California is two years.
- Lacking adequate proof to back your claim
It is crucial to have sufficient proof to support your claim regarding Personal Injury Claims. If you cannot produce proof to substantiate your assertions, your claim may get rejected.
However, you can take a few steps to ensure that you have the evidence you need to support your claim, such as ensuring that you document every aspect of your injury. It involves photographing the accident site, collecting witnesses’ names and contact information, and documenting any medical bills and treatments.
- Having a lawyer who lacks experience in personal injury law is problematic.
If you suffer an injury due to an accident, you may be entitled to financial compensation. An experienced personal injury attorney will be able to handle this complicated procedure. However, your claim may get refused if you attempt to handle it yourself and do not have an attorney knowledgeable in this area of law.
An expert personal injury attorney will be familiar with the legal procedure and able to negotiate a reasonable settlement on your behalf. You may not obtain the money you deserve for your injuries if you do not have legal representation.
- Reaching a settlement with the Insurance Company
Receiving an insurance company’s settlement agreement before consulting an attorney is unacceptable. However, if you are involved in an accident and incur injuries, the insurance company may contact you to make a settlement offer on your behalf. The insurance company’s initial offer is usually a dud, so it is advisable to consider it before expecting.
Consequently, it is typically recommended to contact a lawyer before making significant judgments. Your Personal Injury Claim may be rejected if you accept an insurance company’s settlement offer before consulting with an attorney. For example, the insurance company may contend that your injuries were not as severe as stated or that you get blamed for the accident.
- Not all injuries are covered by insurance coverage.
A personal injury compensation claim may be available to you if you have been harmed in an accident that wasn’t your fault. However, your personal injury claim may get refused if your injuries do not qualify under the law.
Several types of injuries do not qualify for compensation. These consist of:
- Injuries sustained while committing a crime are punishable.
- Injuries that are inflicted on oneself
- Injuries that occur on the job Injuries that are the consequence of a worker error
If your claim is refused, you should seek legal counsel without delay. A seasoned Personal attorney will be able to advise you on the best course of action and assist you in receiving the money you deserve.
If your claim for personal injury was denied, don’t hesitate to contact us at (626) 602-9494 or in San Gabriel Personal Injury Lawyer. We can assist you in submitting an appeal and obtaining the necessary compensation.