Being involved in an accident can leave you physically and emotionally devastated. If you are hurt in an accident as a result of someone else’s fault, you may be eligible for compensation for your injuries. However, not all personal injury lawsuits are successful.
A personal injury lawsuit fails for a number of reasons. Here are two common issues:
The victim’s injuries aren’t clearly related to the accident
If the defendant and their insurance company succeed in convincing the court that your injuries are not related to the accident, you’ll lose your case. Often, this happens under two circumstances:
- You delayed seeking medical care after the accident
- You had pre-existing medical conditions similar to the injuries for which you are seeking compensation
This is why it is so important that you seek medical attention as soon as possible following an accident. Even if you do not feel any pain, be sure to seek medical examination. Remember, some injuries may not be symptomatic for several days or even weeks.
You exceeded the time limit for filing a lawsuit
Every state has a time limit within which you are required by law to file your personal injury lawsuit against the at-fault party. This is known as the statute of limitations. You can try to negotiate a settlement on your claim with the insurance company for quite a while, but you eventually have to file a lawsuit if negotiations fail. According to the Georgia statute of limitations, you have up to two years from the date of your injury to file your lawsuit.
Knowing some of the pitfalls that can damage your chance at receiving fair compensation for your injuries can help you better protect your rights.