A personal injury lawsuit is a legal action that helps victims get compensation for the injuries and damages caused by someone else’s wrongdoing or negligence. Pursuing and filing a personal injury lawsuit is a complicated and lengthy process for anyone who has been injured in an accident.
There are a lot of challenges that can arise in a personal injury lawsuit. So, it is important to consult an experienced personal injury attorney who will handle the entire legal process.
In this article, we have discussed the six common issues that can affect your personal injury claim’s outcome. You have to be prepared to deal with the challenges of a personal injury lawsuit.
1. Proving Negligence and Liability
The first and most crucial challenge in a personal injury lawsuit is to prove that the at-fault party was responsible for the accident and the resulting injuries. As an injured party, you need to show that the
- The defendant was negligent in their duty of care
- Their neglect caused the harm
- That the harm resulted in injuries and losses
Depending on the complexity and type of the case, establishing fault and liability will require extensive evidence, like
- Police reports
- Medical records
- Witness statements
- Videos and photos of the accident scene
Moreover, the defendant may fight back by arguing that the plaintiff was wholly or partly to blame for the accident.
2. Insufficient Documentation
Most victims make the common mistake of not documenting their injuries and losses. The documenting process involves taking photos of their injuries, the accident scene, and so on.
This can happen for several reasons, such as
- Missing evidence
- Failing to gather or preserve evidence
- Having inaccurate or incomplete records
Insufficient documentation can weaken the victim’s case and decrease their chances of getting reasonable compensation.
Keep in mind that documenting your injuries and damages helps prove the negligence of the at-fault party.
3. Too Much Paperwork
Basically, insurance firms will always demand additional documentation to accept a personal injury claim. This means that they will ask for more documents to verify the extent and cause of the injury.
For instance, the insurance adjuster can request medical records or have doubts about whether your injury justifies a personal injury lawsuit.
If you are not ready to provide the important evidence and paperwork, then it can delay your personal injury case.
Therefore, the victim must be aware of what information the insurance firm requires and how to present it effectively to support their personal injury claim.
4. Insurance Firm Pressure for a Settlement
Dealing with the insurance firm for settlement is one of the most challenging parts. Most personal injury cases are settled out of court through negotiations with the insurance company.
However, these insurance providers never support the victim. Their main goal is to protect their employer’s interests and pay a lower amount for personal injury claims.
Therefore, they may use several tactics to push for a lower settlement. They will request unnecessary documentation to pressure the victim into agreeing to a low settlement.
The victim should be cautious and careful when dealing with the insurance firms and avoid agreeing to any offer without consulting their personal injury attorney.
5. Motion to Dismiss
A common challenge in a personal injury lawsuit is facing a motion to dismiss from the negligent party.
A motion to dismiss is a legal request that asks the court to decline the case for several reasons, such as
- Failure to state a claim
- Lack of jurisdiction
- Violation of the rules of process
- Expiration of the statute of limitations
In the event that the court grants the motion to dismiss, the personal injury case will be dismissed without going to trial. So, the victim needs to be well prepared and ready to respond to any motion to dismiss.
6. Pre-existing Injuries
Pre-existing injuries are those that existed before the accident that caused the present injuries. For instance, if the victim had a leg injury before being involved in a car accident that caused their leg pain, they have a pre-existing injury.
Generally, pre-existing injuries can complicate a personal injury lawsuit. The negligent party will argue that the victim’s current injuries were not caused by the accident because of their pre-existing condition.
Otherwise, they state that their damages must be reduced because the injured person was already suffering from disability or pain before the accident.
So, the victim should have clear evidence that proves how their pre-existing injuries were worsened by the accident and how they impacted their quality of life.
We hope our article helped you learn about the six common issues in a personal injury lawsuit.
With the help of a personal injury attorney, the victim can easily overcome all these challenges and get fair compensation and justice.