A reckless driver or an impaired driver can cause a collision that significantly impacts your life. If this happens, you need a personal injury lawyer to help you obtain the compensation you deserve. However, just filing a car accident lawsuit doesn’t guarantee a win—even if you’re faultless. Insurance companies want to pay as little compensation as possible and may try several tactics to make your car accident lawsuit difficult. They will fight to devalue your claim or look for ways to avoid paying restitution.
4 CAR ACCIDENT LAWSUIT DIFFICULTIES
Here are four things that can complicate your car accident lawsuit:
1. Police report. Sometimes, police officers responding to an auto accident will assign fault at the scene. Insurance companies will have access to the police report, so if the report shows that you received a traffic citation, the insurance company may try to find fault with you to impede your lawsuit.
2. Pre-existing medical conditions. The insurance company will also obtain a copy of your medical records, which will reveal whether you had a pre-existing medical condition prior to the auto accident. If you are unable to work after an auto accident due to back pain or other chronic pain, the insurance company may argue that these ailments existed prior to the accident and are therefore ineligible for compensation.
3. Lack of representation. The insurance company is highly experienced and they know all the loopholes to look for to get around a claim. If you don’t have a background or expertise in personal injury law, you need a personal injury lawyer on your side. Otherwise, representing yourself can be an easy win for the insurance company.
4. Statute of limitations. You don’t have to file a car accident lawsuit immediately after an accident, especially since some physical injuries do not manifest themselves until weeks or months later. However, you will need to file suit before the statute of limitations expires. The statute of limitations for car accidents varies by state but is typically one to three years.
If you need a skilled lawyer to handle your car accident lawsuit, contact the Law Offices of Pat Maloney at (210) 934-6609 and schedule your free consultation. Call today; we can help you get the settlement that you deserve.