Being injured in car accidents because of someone else’s fault is something that has to be proven for you to receive financial compensation. In most cases, proving personal injuries after car accidents is very difficult and you will need the help of an experienced personal injury attorney, with several car accident cases handled in the past. To better understand why this is the case, here are some very common challenges you can expect in car accident personal injury claims.
When the party at fault is not insured, you are faced with a serious situation in which you are dealing with an uninsured motorist. Many drivers do not have an uninsured motorist insurance policy active. If this is your case, the only thing you can do is to launch a lawsuit. A legal fight is most likely ahead of you and the possibility that you will not end up in a trial is very law. Even your insurer might end up being against you if you decide to take this step.
Any personal injury case in which a motor vehicle is involved has to cover liability. This is closely associated to negligence. The victim has to prove this negligence. To do this, some things have to be shown:
- The party at fault owed the victim some sort of duty of care.
- The duty of care was breached.
- It was the breach that led to the accident happening.
- The car accident led to the injuries.
- Legally recognized damages were suffered.
While trying to save some money, the opposition is going to challenge parts of the liability. It is the job of the attorney to counter the efforts of the opposition with the use of solid evidence.
Problems With Damages
Insurance companies often challenge damages. This includes extent and nature and is particularly common when soft tissue injuries are involved. With fractures, there is not much that can be debated. With soft tissue injuries, since they are not visible, arguments can appear. Fortunately, soft tissue injuries can be proven with the use of several strategies and your attorney can help with that.
The Existence of Previous Injuries
Pre-existing injuries are very problematic since insurance companies can use the old injuries to show that what the plaintiff claims is incorrect. As an example, when the victim had a back injury that led to surgery in the past, there will be an argument that the incident only made a previous injury worse and did not fully cause it. The good news is that the law covers this and this is just a strategy that would work against someone who does not have the proper legal knowledge.
At the end of the day, the takeaway is that several things can be contested in personal injury claims by the other parties involved. This is why it is so important to hire an attorney who is capable of properly representing the victim for full monetary compensation to be obtained. Without the help of a personal injury lawyer, the case can quickly become really difficult.