From simple trips, slips and falls to catastrophic car accidents, personal injury can happen in a variety of ways. If you are hurt as a result of someone else’s negligence, the law allows you to bring a civil claim against the liable party.
However, personal injury claims, just like other legal matters, can be quite difficult to navigate, especially if your understanding of the law is limited. It’s not uncommon for a seemingly clear claim to be refused. Knowing why your claim has been refused, on the other hand, can help you make a more informed decision going forward:
Here are two common reasons why personal injury claims are refused.
When there is no evidence
The first step towards winning a personal injury claim involves getting your evidence together. Generally, this depends on the nature of the accident that caused your injuries. That said, some of the evidence you may need for your personal injury claim include the doctor’s report, eyewitness statements and video and photographic evidence of the accident scene. Without clear evidence that links your injuries and other damages to the accident in question, you will have a difficult time holding someone liable. Consequently, the judge might refuse your claim.
When you miss important deadlines
Every legal claim has state specific statute of limitations period attached to it. This is the amount of time the plaintiff has to bring a claim. In New York, the statute of limitations for personal injury claims is three years from the date of the accident in question. You risk losing the right to a claim if you do not act in time.
There is no doubt that a personal injury can turn your life upside down and result in significant financial and non-financial losses. Understanding the steps to take after the accident can help you avoid missteps that can lead to your claim’s refusal.