Suffering an unexpected injury can be hard enough on its own. You’re hurt, facing medical expenses and lost income, and just trying to cope. The last thing you need is your rightful injury claim facing challenges or complications. But the reality is that pursuing fair compensation is more complex.
Knowing the hurdles that often crop up can help you navigate your claim more successfully. Being prepared to validate your personal injury case with experienced legal help gives you the best chance of overcoming tricky issues.
Here are some of the most common complications that can undermine injury claims and how savvy victims can address them.
Unclear Liability
The very foundation of a personal injury claim is proving who was legally negligent or at fault. However, establishing a clear liability can be challenging. The victim must satisfy the four elements of personal injury law to prove liability.
Contributing factors like poor visibility, confusing traffic flows, malfunctioning vehicle parts, or a lack of proper safeguards on the property can all muddy the liability waters.
Strong evidence gathering from the start and calling upon legal experts to apply negligence rules thoughtfully is crucial to mitigating liability issues. An attorney’s objective analysis can strengthen arguments on your behalf.
Contesting the Injury Itself
In some cases, the insurance company or the defendant may try to downplay or dispute the actual severity of an injury. A back sprain may be called a strain, a concussion labeled “mild,” or the severe effects of whiplash overlooked. This can drastically reduce potential damages.
Having comprehensive medical documentation and a diligent diagnosis is vital. An experienced personal injury lawyer can also demonstrate through expert testimony how injuries may have lasting impacts that warrant higher compensation. The lawyer also pays attention to emotional aspects in promoting victim recovery.
Questions Around Contributory Negligence
Even if another party caused an accident, their liability can be reduced if you are found partially at fault. Being accused of contributory negligence by aggressive insurance adjusters or defense counsel can limit damages, sometimes substantially.
A seasoned attorney can often overcome allegations of shared fault by presenting evidence of reasonable conduct on your part and laying out the full negligence of other parties. Very minor errors on your part can also be shown to not rise to the level of contributory negligence in many cases.
Inadequate Insurance Coverage
Even after proving liability, collecting full compensation can be problematic if the responsible parties have insufficient insurance. Uninsured or underinsured motorist coverage may help bridge gaps to a degree, but it rarely makes victims 100% whole.
This is where an attorney’s creativity comes into play. Additional avenues to cover damages may be identified, such as claims against vehicle manufacturers, seat belt makers, or other peripherals.
Documenting Subjective Damages
Many injury effects, like pain, emotional distress, and reduced quality of life, are challenging to quantify. Unlike medical bills or lost pay, insurers may view them skeptically, reducing your payout.
An experienced personal injury attorney has the courtroom skills to convey subjective damages in a compelling and vivid way to the judge and jury. Doctors can also lend expert opinions on the likely ongoing intangible effects of an injury.
Conclusion
The bottom line is that pursuing fair injury compensation is rarely simple or easy, even in seemingly clear-cut cases. However, foreseeing potential problems and actively addressing them with knowledgeable legal guidance can help accident victims prevail over the complexities.
With many years of assisting local personal injury clients, accident law firms have extensive experience overcoming every obstacle and complication to validate cases successfully. Their expertise in building strong arguments and positioning cases helps clients obtain optimal compensation despite challenges. Don’t let the complications of personal injury claims leave you overwhelmed. Seeking out trustworthy, strategic counsel makes all the difference.
