4 Common Challenges People Face During Personal Injury Lawsuits

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It can be tempting to try to navigate the personal injury claim process on your own, especially when you’ve never had any dealings with lawyers before and believe you’re more than competent to negotiate with insurance companies. However, as well-informed as you are, it doesn’t mean you won’t encounter problems that require legal intervention. Many people who have chosen to represent themselves have experienced some of the following challenges.

Failure to Prove Fault and Liability

Accident victims often rely on legal experts, like Law Offices of Kamela James, because they know they have the experience to prove fault and liability. While many accidents are clear-cut and the cause is easy to establish, that’s not the outcome for all of them. 

There can be mitigating circumstances, or you might be trying to prove that someone was under the influence of alcohol and drugs, leading to your accident. You need to have strong evidence to verify that the other party violated the law, and that’s not always easy to do if you don’t have any legal experience.

Missing Necessary Documentation

Missing a few documents might not seem like a big deal, but it can be in the legal world. At a minimum, it can cause your case to be delayed, and in a worst-case scenario, it might even cause your case to be thrown out.

Insufficient documentation can be a genuine risk for anyone trying to represent themselves after an accident. However, if you align yourself with an expert legal team, they can ensure you have all the necessary paperwork to create a strong case, including evidence of your injuries, official reports, and court forms.

Fighting Against the Pre-Existing Injury Excuse

If the other party in your case finds out that you have a pre-existing condition, such as a back injury, there’s a chance they might use that information to claim that your old injury caused your pain, not your new one.
a claim can be challenging to fight, especially when you’re representing yourself. While there is sometimes truth that old injuries and ailments can aggravate and cause new injuries, that’s not always the case. The best lawyers can present substantial evidence to improve your chances of proving such a claim false.

Insurance Companies Pushing to Settle

Accidents and incidents can be costly for victims. Alongside repair bills for vehicles and property damage, you often have to contend with sky-rocketing medical bills, ongoing medical care, and even property and car alterations to ensure you can live a comfortable lifestyle post-event.

Time off work, loss of life enjoyment, transport to medical appointments, and specialist care can also cost the average person tens of thousands of dollars. Lawyers often take these costs into account, but insurance companies might not. Their goal is to settle early and pay out as little as possible, and they might try to encourage you to accept their offer when it’s not always in your best interest.

By aligning yourself with expert lawyers, they can negotiate with insurance companies on your behalf and fight for a settlement figure reflective of your experience.

As confident as you might be in your ability to manage your legal situation, not everyone has the best experience. There’s a chance you might encounter these situations above, which might be avoidable if you were to hire a personal injury lawyer to take the lead. 

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