When you're injured, you may not be thinking about all the financial aspects right away. You may only be focusing on getting better, but there are a lot of things that can go wrong, causing your claim to get denied and forcing you to pay for your medical expenses out of pocket. If you've been injured, check out these five reasons your personal injury claim might get denied, so you can help avoid them or fight them with your attorney.
You Didn't Act Immediately
When people are injured, they tend to seek action immediately, so if you don't, it can be a huge red flag for your case. As soon as you're injured, you need to seek medical treatment and start filing your claim with the insurance provider. You also want to make sure you continue going to see your doctor to seek treatment. If you suddenly stop going or decline treatment, it makes it look like your injury was nonexistent or not severe enough for a personal injury claim.
You Have no Medical Evidence to Support Your Claim
One of the important reasons for continuing to see your doctor during this time is so you can get complete evidence to support your claim. The insurance provider is going to request to see your medical records. If what the doctor states in the records doesn't mesh with what you are saying, your claim could get denied. Make sure you communicate with your doctor regarding the severity of your injuries, so you are both on the same page. Also, make sure the insurance provider gets all your medical records, so they can see the full picture.
You Were Partially Responsible for Your Own Accident
In most states, the rule of comparative negligence is in effect. This means that if you are found to be partially responsible for your own injury, you will probably get a reduced settlement based on your responsibility. So, if you are 20 percent responsible, and your settlement is for $10,000, you'll actually only get $8,000 (20 percent less than $10,000). There are two types of comparative negligence. In modified comparative negligence, you must be less than 50 percent responsible to receive a settlement. With pure comparative negligence, the 50 percent rule doesn't apply. A few states, however, follow the contributory negligence rule. In these states, if you are at all responsible, and the defendant can prove it, you don't get a dime.
You Were Trespassing
If you trespass onto someone's property, even by accident, you aren't usually going to get any money. Property owners have no responsibility to provide a reasonably safe environment for trespassers because they aren't supposed to be there. However, there are some exceptions to the rule. For example, if a lot of people commonly trespass on the property, and the owner knows it, you may still have a case. This is because the property owner now has knowledge that people will be on the property and should make changes to create safe environment.
Your Social Media Accounts Are Telling a Different Story
Insurance investigators will check your social media accounts, and even seemingly innocent information can be used against you. Imagine one of your friends joking about how you faked your injury, even though you are really hurt. It's even possible that posting a simple picture of you smiling next to a friend can be used to argue that your injury hasn't affected your enjoyment of life. Writing something about how you are hoping for a big settlement can make you look greedy. Even if you have nothing to hide, you need to hide your social media activity because almost anything can be used against you.
As soon as your injury occurs, it's time to seek action and your settlement, and your best chance for winning your case is to hire a skilled accident attorney. For more information about personal injuries and if you have a case, contact a personal injury lawyer in your area today.
For more information, consider websites like http://www.dlplawyers.com.
