Common Challenges In Serious Injury Claims

When dealing with serious injury claims, the process can feel overwhelming for many individuals. The claims process often involves several hurdles that can slow down or even derail your path to receiving compensation. Below we explore some of the most common challenges you may encounter and how to address them effectively.

Difficulty Proving Liability

One of the most significant challenges in serious injury claims is establishing who is at fault. Insurance companies often try to shift the blame or argue that the injured party is partially responsible. Without clear evidence, proving liability can become complicated.

To overcome this issue, gathering strong evidence from the start is essential. Photographs of the accident scene, witness statements, police reports, and any other relevant documentation can help build a strong case. In many cases, hiring an investigator to gather additional evidence may be necessary, especially if there are disputes about who was responsible for the accident.

Medical Documentation Issues

Serious injury claims depend heavily on medical evidence. However, medical documentation can sometimes be incomplete, unclear, or disputed by the other party’s insurance company. Without the right documentation, your compensation could be reduced or denied altogether.

The best way to address this challenge is by ensuring that your medical treatment is well-documented from the beginning. This includes not only keeping track of your initial treatments but also recording any ongoing therapies, medications, and future care needs. It’s crucial to have a clear diagnosis, prognosis, and a well-defined treatment plan that demonstrates the extent of your injury and its long-term impact on your life.

Insurance Company Tactics

Insurance companies often employ various tactics to delay or reduce the compensation paid in serious injury claims. They may offer low settlement amounts early in the process or attempt to dispute the severity of your injuries. In some cases, they might even deny liability altogether.

To deal with these tactics, it’s essential to be patient and avoid accepting the first settlement offer. Take the time to consult with your serious injury lawyer to evaluate the offer, compare it to your actual losses, and decide whether it is fair. Having a strong strategy in place helps you avoid falling victim to common insurance company tactics.

Calculating The Full Extent Of Damages

When dealing with serious injuries, calculating damages isn’t as straightforward as it might seem. You may be entitled to compensation not just for medical expenses but also for lost wages, future earnings, pain and suffering, and other factors. However, determining the value of these losses can be challenging.

To address this issue, it’s critical to have thorough documentation that supports all aspects of your claim. This includes evidence of your lost income, ongoing treatment costs, and any potential impact on your ability to work in the future. Working with a serious injury lawyer who can help calculate these figures based on your specific circumstances is key.

Contact A Serious Injury Lawyer

Dealing with a serious injury claim is often a long and challenging process, but by understanding and addressing the common obstacles, you can better prepare yourself for the road ahead. Whether it’s gathering strong evidence, ensuring proper medical documentation, or dealing with insurance company tactics, taking a proactive approach is essential to overcoming these challenges. If you’re facing difficulties with your claim, don’t hesitate to reach out to legal professionals like those at DuBose Law Firm, PLLC  who can provide guidance and support throughout the process.

Request a Consultation

Please enable JavaScript in your browser to complete this form.

Client Review

"Words can’t explain how easy my custody process went. Johnathan is extremely helpful with his team, they got back to me right away when I reached out. He was honest about my situation and took care of everything! Proud and glad to have him represent me. I am now reunified with my son after 5 long years!!! Thank you! Thank you! Thank you!"
Amber Montoya
Client Review

  • Common Challenges In Serious Injury Claims
  • Common Mistakes To Avoid During Divorce
  • The Complexities Of Ending A Marriage
  • 6 Things Your Lawyer Wishes You Knew
  • PerceptiveX Celebrates Jonathan Felt with Cover Story Spotlight
  • Family Law And Personal Injury Help