2 reasons why your personal injury claim may be denied

On Behalf of | Oct 11, 2022 | Car Accidents |

A car accident can ruin your day or, in the worst-case scenario, turn your life upside down. If you are hurt in a car accident due to someone else’s negligence, you may be entitled to compensation for your medical costs and other damages as provided for by Texas negligence laws.

However, while most personal injury claims go through, a few do not. If your personal injury claim is denied, you might want to understand why so you can figure out your next cause of action. Here are two common reasons why some car accident claims fall through the cracks.

Inadequate evidence

Just like with any legal matter, you need evidence to win a personal injury claim. This means that you must provide evidence that directly links your injuries to the accident in question. And this is where the doctor’s report comes in.

It is not uncommon for car accident victims to postpone or avoid seeking treatment immediately following the accident because they do not feel hurt. This can be a costly mistake. Some injuries are never apparent right away. Thus, in seeking immediate treatment, you will be having your doctor diagnose and treat those hidden injuries in time before they can escalate into serious complications. But that’s not all. Seeking treatment also ensures that you obtain a medical report that will be crucial for litigating your claim.

Taking too long to file your claim

You do not have the luxury to file your personal injury claim whenever you feel like it. Rather, Texas, just like the other states, sets a time limit within which the plaintiff can sue for damages following a car accident. This is known as the statute of limitations. In Texas, you need to file a personal injury lawsuit within two years from the date of the accident. Your claim will be denied if you let this timeframe lapse.

Car accidents happen all the time. If you are involved in one that is not your fault, you deserve compensation for the resulting damages.