Milwaukee is a beautiful city located in Wisconsin. It is also the most populated city in Wisconsin, with a population of 563,000. The problem with highly populated cities is that they are prone to accidents. Safety is a serious concern in major cities like Milwaukee.
The upside is that accident victims can file a personal injury claim and secure compensation
However, filing a personal injury claim is a complicated and lengthy process, and there are no guarantees that it will succeed. The insurance company or the court might decline your claim for several reasons. It is essential to know these potential obstacles if you want your rights safeguarded and would like to improve your chances of getting proper compensation.
The best way to avoid your claim getting denied is by hiring reputed Milwaukee personal injury lawyers and letting them handle your case.
The following are some reasons why your claim may be denied:
- Missed Statute of Limitations
Each and every state has a specific time limit, called a statute of limitations, within which a personal injury claim should be initiated according to law. If you don’t file a lawsuit in time, though your lawsuit might be good, it is going to be dismissed either way. It is important for your lawyer to advise you immediately after an accident so that you can keep the law on your side in the state that you are suing in.
- Lack of Sufficient Evidence
To prove who is responsible and how much damage has been done, the personal injury claim has to contain substantial evidence. Your claim may be seriously weakened by failing to gather and keep key pieces of evidence like medical records, statements made by witnesses to the accident, and any photographs taken during the incident, leading to its rejection. It is important to thoroughly document what happened during that day and also the extent or nature of the injury.
- Contributory and Comparative Negligence
You may be unable to recover compensation in some states if an accident or injury partly occurred due to your mistake in driving. This is called contributory or comparative negligence, and laws differ from state to state. Familiarizing yourself with individual state regulations and ensuring that you are not accused of contributory negligence is crucial for your case.
- Pre-Existing Medical Conditions
To reduce or refuse your claim, the insurance companies might tend to attach your injuries to other illnesses you had in the past, not the incident in question. Detailed medical records, expert opinions, and establishing a direct cause of injury from an accident may assist in overcoming this challenge.
- Inconsistent or Contradictory Statements
Each inconsistency in your statement or discrepancy between your account and the available evidence would tend to undermine your credibility and raise doubts about your claim. It is important to be honest, consistent, and accurate in relating the details of the accident and your injuries throughout the claims process.
- Gaps in Medical Treatment
If there are significant gaps within their medical attention or they fail to adhere with what their physician has recommended, then an argument may be made by the insurance companies that tells them that they had no serious injuries or even that their harms were not mitigated. It is important to seek immediate and regular medical care if you want to prove the severity of the injuries and make your claim stronger.
- Insufficient Documentation of Damages
Without enough or insufficient documentation about the injuries, medical treatment, and wages that were lost, as well as other costs, it will be hard to determine the actual extent of damages suffered. For one to make any claims and receive compensation to the maximum, they should always keep detailed records, receipts, and documentation that will help in substantiating their claim.
Conclusion
Getting through the personal injury claim process can be hard. But with proper knowledge of potential mistakes and being proactive, it is possible to increase the chances of success significantly. This is where you need to hire the services of a qualified personal injury lawyer. The attorney will help in avoiding these frequent causes of rejection, obtaining all required evidence, and providing insightful advice on making or building a case, while at the same time increasing your probability of getting fair compensation for damages suffered due to someone else’s negligence.
