Following an accident, the last thing you want to think about is whether you can file a personal injury claim and receive compensation for your damages. Sadly, the unfortunate reality is that incorrect denial of these arguments is more common than you might expect. This blog discusses the four most common reasons for denying claims for personal injury.
- Inability to File a Claim Within the Applicable Time Restriction
If you are injured in an accident, it is imperative to act immediately. Generally, you have a limited amount of time to file a personal injury claim. Your claim may be denied if it is submitted after the statute of limitations has expired.
The statute of limitations establishes a time limit for filing a lawsuit. In most states, the statute of limitations for personal injuries is two years.
- Lacking Adequate Proof to Back Your Claim
For personal injury claims, it is essential to have sufficient evidence to support your claim. If you can’t provide evidence to support your claim, your claim may be rejected.
However, there are steps you can take to ensure you have the necessary evidence to support your claim, such as documenting every aspect of your injury. It includes photographing the accident scene, obtaining the names and contact information of witnesses, and recording any medical bills and treatments.
- Reaching A Settlement with The Insurance Company
Receiving a settlement agreement from an insurance company before consulting an attorney is unacceptable. Nevertheless, if you are injured in an accident, the insurance company may contact you to make a settlement offer. Typically, the insurance company’s initial offer is a flop, so it is prudent to evaluate it before expecting.
Consequently, it is generally advised to consult an attorney before making significant decisions. Accepting an insurance company’s settlement offer before consulting an attorney may result in the denial of your personal injury claim. For instance, the insurance company may argue that your injuries were not as severe as you claimed or that you were responsible for the accident.
- Not All Injuries Are Covered by Insurance Coverage
If you have been injured in an accident that was not your fault, you may be eligible to file a claim for compensation. However, your personal injury claim could be denied if your injuries do not meet the legal requirements.
A few injuries are ineligible 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 are the consequence of a worker’s error.
If your personal injury claim is denied, you should immediately seek legal counsel. An experienced personal injury attorney will be able to advise you on the best course of action and assist you in obtaining the money you are entitled to. If your personal injury claim was denied, please contact 2H Law Firm at (619) 374-9320. We can assist you in filing an appeal and obtaining the required compensation