5 Reasons Why You Lost Your Personal Injury Case
Getting injured in an accident is not only painful but also costly and time-consuming. If you recently had an accident, you may have filed an insurance claim. If you were denied a settlement for the insurance claim, you may have tried to sue the insurance company or the person or entity responsible for your accident. If you were denied an insurance claim or lost a court case, you may wonder where you went wrong. The following are a few reasons why a person can lose a personal injury case.
You Did Not Collect Enough Evidence
When you report an accident to an insurance company, it will be assigned to an insurance adjuster. The insurance adjuster will look at the facts in the case and decide if they will approve or deny a settlement and how much that settlement will be.
The first thing they will look at is the accident report. After that, they will interview any witnesses at the scene. If you had a car accident, the police would have recorded some of the witnesses’ names on the accident report. Not all of the witnesses will stick around to talk to the police, so it is a good idea for you to get the names and numbers of the witnesses as well.
If you have a slip-and-fall accident in a store, you will have to collect the names and numbers of witnesses yourself.
If possible, you should take pictures of the scene. The positions of the cars involved can also determine the fault of a vehicular accident.
You Did Not Document Your Expenses
If you want insurance to pay for your expenses, you must document them carefully. Save every medical bill that you have and collect all the receipts for any medications you may have taken. You should get a note from your employer stating the number of hours you have missed from work.
You Did Not Use a Lawyer
If you are looking for compensation from an insurance company, it is always vital to have the assistance of a personal injury lawyer. An attorney can negotiate with an insurance company on your behalf. They can file a lawsuit when your claim has been denied, and they can negotiate a better settlement offer when the initial one is too low.
A personal injury attorney will be well-versed in the laws of your state and will know exactly what arguments an insurance adjuster will respond to. If the insurance company will not offer you a reasonable settlement, an attorney can file a lawsuit on your behalf.
You Caused the Accident
If you were 100% responsible for a car accident and you did not have personal injury protection insurance, the insurance company will be well within its rights to deny your claim. You can only collect insurance money for the percentage of the accident for which you are not responsible. For example, if you were 20% responsible for the accident, you could collect insurance money for 80% of your bills.
You Were Engaging in Dangerous Behavior
If you were riding a motorcycle without your helmet when you were injured, an insurance company is likely to deny or reduce your claim. If you were under the influence of alcohol when you had your crash, your claim may be denied as well. If you slipped and fell at a business where the dangers were clearly marked, the insurance company may refuse your claim.
The only thing worse than the injuries you suffer after an accident Is the financial loss that comes with it. It is very important to document your accident thoroughly, hire a good lawyer, and be careful at all times.