Be prepared for the stress of a Personal Injury lawsuit yours by reviewing these common issues that can block your claim’s success. The easing of that stress is equally as critical.
Proving fault and liability
The first thing you’ll need to think about when you start a personal injury lawsuit is proving fault and liability. You’ll need to show that the other party violated the law or was in breach of their responsibility.
However, this guilt isn’t always easy to prove. For example, proving someone was under the influence of drugs or alcohol may require expert testimony from someone like a toxicologist. This type of evidence may not be necessary in every case, but it’s one example of the complicated ins and outs of winning a personal injury suit.
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Before you file your lawsuit, make sure you find out if there are any special requirements for your situation. The laws may vary depending on what caused your injuries. This level of specificity is one reason why it’s wise to hire an experienced personal injury law firm like WH Law Offices. For more information on PI claims, click here.
Insurance companies will often request additional documentation to verify an injury claim. For example, the insurance agent may ask for medical records or question whether your injury is something that warrants a personal injury lawsuit.
If you’re not prepared to provide the necessary paperwork and evidence, that can stall your case and even result in it being thrown out altogether. Ensure you know what information insurance companies might request and how best to show them what you need to succeed.
One of the most common mistakes people make when preparing for a personal injury lawsuit is that they don’t document their injuries. Documenting your injuries or damages starts as simple as taking pictures of your injury, where it happened, and what sequence of events preceded the incident.
To prove liability in a personal injury suit, you’ll need to show that someone else was responsible for the injury and that they were negligent by not taking appropriate action to prevent it from happening. Documenting your injuries and damages helps prove that there was an incident and that you sustained an injury because of it.
Insurance companies pushing for a settlement
Insurance companies are in the business to make money. That means that insurance companies will often push for a settlement below what you may deserve so they can be done with the case. The insurance provider’s goal is to settle out of court because it saves them time and energy, but it may not be what’s best for you.
A pre-existing injury is when you have a condition that something else, such as a new ailment, aggravates. This kind of claim is common in cases where the victim has issues with their back and then suffers a car accident.
The general rule is that if your preexisting condition played any role in the incident at all, it will be taken into consideration when determining whether or not you’re entitled to compensation.
Motion to dismiss
Another way companies or the other party may try to delay resolution is via a motion to dismiss. A motion to dismiss is a request by one party in a lawsuit to ask the court to stop proceedings and close the case because there are not enough facts to move forward. It’s up to the court’s discretion whether or not they agree with this request.