If you have been injured due to the negligence of a third party, you may be able to pursue compensation through a personal injury claim. However, it’s essential to be aware that not all claims are successful.
Personal injury claims require extensive investigations to gather evidence, assess liability and evaluate the extent of damages. Your claim can get denied for either of the following reasons.
1. Lack of sufficient evidence
If the evidence presented is insufficient to establish the defendant’s negligence or the extent of your injuries, your claim may be denied. Insurance companies and courts typically require clear and convincing evidence to support your allegations such as medical records, accident reports, witness statements and expert opinions. Without compelling evidence, it becomes challenging to prove liability and justify the compensation sought.
2. Failure to observe legal deadlines
In Idaho, personal injury claims must be filed within a specific time period, known as the statute of limitations. This period typically lasts for two years from the date of your accident. Failing to file within this period can result in the denial of your claim, as you lose the legal right to pursue compensation.
3. Pre-existing conditions
Another common reason for denial of a personal injury claim is the presence of pre-existing conditions. Insurance companies often scrutinize medical records to identify any injuries or health issues that existed prior to the incident. If they can demonstrate that your current injuries are related to or exacerbated by these pre-existing conditions rather than the incident itself, they may deny your claim or significantly reduce the compensation offered.
It is important to consider seeking legal guidance to help ensure that your claim is thoroughly prepared and presented in a manner that maximizes your chances of success.