If you have been involved in an accident that resulted in personal injury, you might believe that obtaining a hefty compensation is a foregone conclusion. However, that’s far from the truth. Many injury cases are worth substantial sums, but not all injury claims will reach into six or seven figures. There are several reasons why your injury case may fail. In this blog post, we’ll discuss three critical factors that could potentially undermine your injury claim.
Pittfall 1: Failure to Prove Liability Against Another Party
Proving liability is the foundation of a successful injury case. Take the case of Tiger Woods, the professional golfer who suffered a severe car accident on February 23, 2021. Despite his significant injuries, Woods never received compensation from an at-fault party (or their insurance company) because there was no liable party against whom he could pursue damages.
In single vehicle accidents like his, potentially liable parties could include a car manufacturer if the vehicle was defective, or a government entity if the road conditions were unreasonably dangerous. However, if no liability can be proven, your claim will very likely fail.
Pittfall 2: Minimal Medical Treatment
If you are in pain following an accident but don’t seek much medical treatment, you should not expect a substantial injury claim. In Kentucky, for instance, you need to have at least $1,000 in medical treatment costs to file an injury claim following a motor vehicle accident per a Kentucky statute.
Your physical health should always be your priority, and regular medical treatment is crucial not only for your health but also for the success of your injury claim. The value of an injury claim is often dependent on the extent of the medical treatment received, and inconsistent or minimal medical care can compromise your credibility and reduce your potential settlement.
Pitfall 3: Limited or No Insurance Coverage from the At-Fault Party
Even if you’ve sustained life-changing injuries, your claim may be worthless if there’s no insurance coverage or the at-fault party doesn’t have significant personal assets. To safeguard yourself in such situations, it’s wise to purchase uninsured and underinsured motorist coverage on your automobile insurance policy. This coverage will protect you and your passengers if the at-fault driver has no insurance or insufficient insurance to cover your damages.
Understanding the potential pitfalls of an injury claim is crucial, but knowing how to navigate these issues to maximize your settlement is equally important. In circumstances where you can prove liability, have required significant medical treatment, and there is sufficient insurance coverage available, specific strategies can be employed to maximize your settlement.
If you’ve been injured in a car accident, slip or trip and fall incident, or dog attack incident in Kentucky, it’s important to act swiftly. At Meagher Injury Lawyers we represent injury victims throughout the Commonwealth of Kentucky with the goal of always maximizing the amount of money received by the client.
