Hello, I'm Karla Mitchell. Going through a legal case can be very expensive and challenging. I won't go into details, but I recently underwent my own legal battle that lasted several years. It is finally over and I successfully received a settlement, but I had to spend so much time studying law in order to play my role in my own court case. While I found a great attorney at one point, I felt completely lost initially and I don't want anyone else to experience the same thing. So I decided to create this blog for those who would like to know more about law.
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If this is your first time being involved in a personal injury accident, you may be unsure what actions to take. Unfortunately, failing to take the correct actions can lead to an insurance company denying your claim. This can be extremely frustrating. However, knowing what actions to take from the get-go can help you avoid these common denial reasons. Here are three common reasons insurance companies deny personal injury claims and how you can prevent your claim from being denied for these reasons.
The Statute of Limitations Expired
If you have been injured and are considering filing a personal injury claim, you need to be aware of the statute of limitations in your state. The statute of limitations states how long you have to bring a case against another party. If you fail to file the case within this timeline, you give up all rights to file a lawsuit against the other party, and unfortunately, there is no going back from this. The statute of limitations varies from state to state, but it generally ranges anywhere from one year to three years. There are a few exceptions to the statute of limitations, such as children being injured. In these cases, the timeline does not generally begin until the child turns 18. Consulting with a personal injury lawyer as soon as your accident occurs will help you determine if you have a case and when your case needs to be filed by to ensure the statute of limitations does not expire before your case is filed.
You Have Failed to Show You Sustained an Injury
In order to file a personal injury lawsuit against another party, you must be able to prove that you were injured. These can be physical injuries or psychological injuries. For example, if another party causes a car accident, but you were not injured, you can't file a personal injury claim to recoup money for your car repairs or to teach them a lesson for being negligent. However, if you sustained injuries, you can file a claim to recoup money for your current and future medical expenses related to the claim, money you lose by not being able to work, and money for pain and suffering. Seeing a doctor as soon as you suspect you may be injured is important. It helps establish a timeline of when your injuries occurred, what your injuries are, and what medical treatment you will need. In some states, such as Florida, if you fail to see a doctor within 14 days, you can miss out on certain benefits and proving you were injured can be much harder. Seeing a doctor and establishing your injury early on in the process can help you avoid a denial for failing to show you sustained an injury.
You Can't Prove the Other Party Was at Fault for the Accident
The last common reason an insurance company may deny your personal injury claim is because you can't prove the other party was at fault for the accident. In order to file a personal injury case, the other party must have some responsibility in your injuries. For example, if you are in someone's home and simply fall down the stairs because you trip over your own feet, you don't have a basis for suing the other party. If, on the other hand, their rug wasn't properly cared for and they should have known it was a hazard, you can file a personal injury case. Following an accident, it is important to document as much as possible. Take pictures, talk to witnesses and get their information, and get videos from cameras in stores or parking lots. Having this evidence can help to prove why the other party was at fault for the accident.
If an insurance company denies your injury claim, speak with an attorney from a firm like Otorowski Johnston Morrow & Golden P.L.L.C. promptly. In most cases, you only have 15 to 30 days to appeal the denial. If you fail to do so, you may give up your right to recover money for your injuries, medical expenses and lost wages.
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