Most accidents have something to do with negligence. If you sustain injuries as a result of another person’s fault, the law allows you to pursue the liable party for the resulting economic and non-economic damages through a personal injury claim.
However, personal injury claims, just like other legal matters, can be complicated. Sometimes, a seemingly straightforward claim can fall through the cracks, thus resulting in a refusal. If this happens, you need to know what went wrong so you can figure out your next course of action.
Here are common reasons why personal injury claims are refused:
Lack of evidence
For a personal injury claim to be successful, you need to show that the defendant was liable. In other words, you need to show that their action (or inaction) resulted in your injuries. Subject to the nature of your case, some of the evidence you may need to provide includes medical evidence that links your injuries to the incident in question, expert and eyewitness accounts as well as surveillance footage of the accident scene.
Missing important deadlines
A personal injury that you did not see coming can certainly turn your life upside down. Even so, do keep in mind that time is never on your side. If you intend to pursue the liable party, then you need to do so within the statute of limitations period. In California, the statute of limitations for personal injury claims is two years from the date of the injury or when it was reasonably discovered. Do not let this statute of limitations period run out.
If you are hurt as a result of another person’s negligence, you deserve justice. Understanding how California’s personal injury laws work can help you avoid missteps that can ruin your claim.