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Overcoming Roadblocks- Legal Pitfalls In Car Accident Compensation Claims

7 April, 2023


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Did you know that car accidents are among the leading causes of personal injury claims in the US? In fact, the country has one of the largest road networks in the world, so you can imagine how common mishaps can be on American roads.

Statistics show that more than 7 million car accidents occur in the country annually. It adds up to roughly 20,000 of them every day. That’s shocking, right? But the silver lining is that victims can claim compensation under the personal injury law. But there’s a catch here- you may face several legal challenges on the way.

While most personal injury cases are settled with negotiation, around 4-5% of them still end up in court. That’s a big number if you calculate it as a chunk of the total. Knowing the potential legal challenges puts you in a safe space as a victim looking to file a claim. Here are the ones you’ve got to be aware of.

Challenge 1- Proving Fault And Damages

Well, many accidents happen due to negligence. And the worst part is that another driver may be at fault, which makes things even more painful than you imagine. Proving a negligent driver’s fault can be a major challenge.

It may be difficult to determine who was at fault in the first place. The guilty driver may try to get through by blaming you for the mishap. And the case gets trickier if both drivers contributed to the accident.

The best way to overcome the challenge is by gathering evidence from the accident spot. Witness testimonies can take you the extra mile. Also, get an expert attorney on board to present the evidence convincingly.

Challenge 2- Negotiating A Fair Settlement

personal injury claims

According to statistics, 95% of personal injury claims are settled outside the court. Of course, it sounds like a wise move as you get compensation quickly and save on legal expenses. But things may not actually work in your favor.

You’ll need to be cautious while negotiating a fair settlement with the insurance companies. Insurance adjusters will try their best to convince you of a low offer. It’s the last thing you should settle for only for quick cash.

You must know your rights and have a good idea of what your case is worth. A personal injury attorney can help you on both fronts, so avoid going alone and bring a specialist on board.

Challenge 3- Going To Court

Not all personal injury cases settle through negotiation because insurance adjusters hardly have the victims’ interest in mind. You’ll have to take your case to court when they don’t offer a fair settlement.

Since you may have a hard time understanding car accident lawsuits, it’s better to collaborate with an expert. You may worry about the lawyer’s fees, but the good thing is that you can find one who works on a contingency fee model.

It means you pay only after getting the compensation.  So you need not stress about the long legal battle because your lawyer will do their best to maximize the claim. After all, they’ve got to win to get their dues!

Challenge 4- Dealing With Statute Of Limitations

The statute of limitations may not sound like a big deal, but it can be one of the most daunting legal challenges you may face during a personal injury claim. It is the statutory time limit within which a victim must file a claim after the accident.

The period varies depending on the state rules and the type of case. And it can get you in a big fix if you miss the deadline. You may actually not get the claim, no matter how deserving you are. Consult with a lawyer immediately after your accident to ensure that you follow up according to the deadlines.

Challenge 5- Not Giving Attention To Detail

Proving a personal injury claim can be tricky, whether you settle out of court or go for a trial. Missing out on the smallest detail can go against you.

From gathering evidence from the accident site to filing a police report, getting immediate medical treatment, and keeping your bills and papers in place, you must do everything carefully. Not having proper documentation means falling short of proof.

Even posting a picture on social media can land you in trouble, as the other party may use it against you in court. Pay attention to details and be careful about every action to get a favorable verdict.

A Final Word

A road accident is painful, but that’s just the tip of the iceberg. You may face several roadblocks while claiming the compensation you deserve. But taking a strategic approach can help you resolve your challenges and maximize your chances of success. You’ve got to fix this, so don’t give up!

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Abdul Aziz Mondol is a professional blogger who is having a colossal interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, he loves to share content related to business, finance, technology, and the gaming niche.

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