Pursuing a Virginia personal injury claim is a process that entails more than just stating the facts surrounding the case, or how you feel, and expecting to get compensation. It is not uncommon for people to rush into the situation with misconceptions. Making a small mistake can end up lowering the amount of compensation you get, or even cause your claim to be denied altogether.
Was your claim denied, and you have no idea why? Below are some of the most common reasons injury claims get denied. These are the mistakes you must avoid when pursuing a personal injury claim.
7 Reasons Your Virginia Personal Injury Claim Was Denied
1. No Representation
Legal matters are often bureaucratic; expect the same thing as you pursue a Virginia personal injury claim. Keep in mind that you will have to go up against those you believe are responsible for your damages. You must file the relevant paperwork, work closely with the court to ensure you file everything according to the stipulated guidelines, and be mindful of the deadlines. There will be lots of back-and-forth processes, as well as negotiations.
You might be confused by the paperwork, especially the documents you do not fully understand and are required to sign. You may accidentally sign something that waives your rights to compensation for current or future claims, or even admit fault. If you handle any of the paperwork without the right legal counsel, you risk agreeing to something that might ruin your chances of getting compensation.
It would be best if you worked with a personal injury attorney in Norfolk that will commit to protecting your rights and interests. A legal expert with experience in dealing with different types of injury cases knows how to handle insurance companies. With the right legal representation on your side, you can deter the at-fault party and their insurance providers from trying to dupe you into making a mistake. Moreover, the lawyer will instill more confidence in you.
2. Contributory Negligence
Few injury claims are a one-sided affair regarding who is to blame. And unfortunately, Virginia follows what is known as “pure contributory negligence.” This means that if the injured party holds any degree of fault, even as small as 1%, they cannot recover any monetary damages.
Because of this harsh rule, it is vital to build a solid case and show that the other party is 100% at-fault for the accident. Working with a Norfolk personal injury attorney will help you build a stronger case, and gives you a better chance of winning the compensation that you deserve.
Some people think of an injury claim as a way of winning big money or bringing the hammer down on the parties responsible for the accident. It is a misconception that people have when approaching claims, especially when they downplay the need for proper legal counsel.
Mistakes during the process can result in a swift dismissal of the case, potential counterclaims, or lowered compensation. For instance, giving a statement suggesting your injuries are worse than they actually are can cause an unfavorable outcome. Consider working with an experienced attorney who will help you take the right steps in your pursuit of justice. They will make sure you are not misrepresenting the impact of your medical bills, diagnosis, or statements, while also ensuring you receive full compensation.
4. Social Media
Mobile technology has made it possible for cameras to be everywhere. Documenting your life on social media might be fun, but you should do it with caution. Keep in mind that your social media pages can be used as evidence against you.
Finding that your case was thrown out because you posted about a short summer trip before your settlement’s finalization can be such a disappointing mistake. Even a tweet saying how great you are feeling might be enough to prove that your claims of being in pain and suffering are unfounded.
5. Lack of Documentation
Try your best to be thorough when documenting the accident, capturing every detail you can. You must contact the police and file a report. In so doing, you will have an official account of what happened that cannot be disallowed in court. Note that police are regarded as a credible source of information by insurance companies and the courts.
Also, consider documenting your experiences. Keep a diary in which you record how your life has changed following the accident. Documenting your inability to get out of bed or your struggles with doing simple chores without help can create a strong narrative of your current predicament, and help improve your chances of getting the best compensation. Furthermore, note that there could be a statute of limitations on the case; therefore, you must seek legal representation as soon as possible.
6. Speculation and Misstatements
At some point in the process, insurance companies will try to link you with a claims adjuster. Many people who have lost their injury cases attribute the loss to being too chatty with these professionals. As a claimant, it is not your place to speculate why things happened how they did or what the other person’s motives were. If you believe you have grounds for suing those responsible for your injuries, you should work closely with an experienced Norfolk personal injury attorney that will negotiate with the adjuster on your behalf.
If you are in doubt, only state facts and leave out any speculative remarks. If you’re not confident enough to speak with the adjuster, opt to stay silent until your counsel is present. It is better to take things slowly and cautiously. You don’t want to risk everything by saying the wrong thing, or saying something without your lawyer present to clarify things.
7. Minimizing Issues
While fraud can be a matter that comes up in injury claims, people trying to minimize injuries is a subject that is often overlooked. An injury can be downplayed for any number of reasons. Some people do so because they are avoiding tough questions, and others want to stir things up because the defendant might be the owner of a business they frequent or a neighbor they dislike. It is easy for the insurance companies to have a claim reduced or dismissed in such a situation.
Never try to minimize your claim, especially if your injuries are debilitating and preventing you from leading a full life. You should seek justice and be awarded the appropriate compensation. Find the right legal counsel that will help you pursue the matter tactfully, and ensure you are taking the right steps.
Reach Out to CAIL For Help With Your Virginia Personal Injury Claim
If you have sustained injuries following an accident that is not your fault, you most likely have questions regarding the process of seeking compensation. You need to make the right decisions when pursuing a personal injury case. Do not think of going it alone and risk your chances of recovering damages. An experienced Norfolk personal injury lawyer will guide you on what to do so that you avoid making mistakes that could jeopardize your claim.
We know that preparing for these kinds of cases can be complicated, especially when you are also recovering from your injuries. Do not risk losing the opportunity to get the compensation that will help you because of a technicality. Get in touch with our law firm to schedule a free case evaluation and learn how we can assist you.
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