Challenges Faced With Personal Injury Claims

Whether it’s a workplace accident, a car collision, or any other injury, personal injury cases are serious matters that must be addressed with precision. Particularly in cases where you’re injured due to another party’s negligence, you have a right to be compensated for all expenses, as well as for the pain and suffering endured. “Pain and suffering” can be a difficult thing to determine, but you can expect challenges to even the easily definable elements when filing a personal injury claim. No one wants to surrender money, and a defendant or an insurance company will likely do anything they can to avoid it. The following are some of the most common obstacles you’ll likely have to overcome in your case.

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Unwitnessed accidents

An unwitnessed accident is problematic in that it can be difficult to prove that the accident happened at all, and it can be especially hard to prove that it resulted in a real injury. There are several reasons an accident may be unwitnessed, and unfortunately, they aren’t all entirely honest. Probably the most common type of unwitnessed accident is one in the workplace where the injured person was working alone. There can also be cases of witnesses refusing to comment or a genuine lack of recollection as to the cause of an accident. There also, unfortunately, have been cases of contrived accidents to get time off work, and situations like this can damage the credibility of real accidents.

If you are involved in an unwitnessed accident at work, it’s important to inform coworkers, supervisors, and your manager as soon as possible. You’ll need to be sure that the story is the same for each person you tell it to, which leads to the next potential challenge.

Inconsistent reports

Any time you suffer an accidental injury, you need to seek medical attention immediately. This will both make sure you receive proper care and prove that the injuries were sustained in the accident. You’ll also need to make sure that what you tell the doctor is consistent with your initial accident report.

Inconsistent reports are one of the biggest problems that can damage, or even destroy, your claim. It can begin as early as inconsistent accounts of the initial injury, and it can spread from there. A medical examination finding results that contradict the initial claim will be particularly harmful. Insurance adjusters are trained to look for inconsistencies, no matter how small, in all the reports and tear them to shreds. After all, insurance companies make their money by not paying.

Finding legal representation

Finding the right lawyer, in any case, can prove to be a big challenge. You’ll need someone knowledgeable on your case type who genuinely seems to have your best interests in mind. Fortunately, in personal injury cases, the vast majority of attorneys work on a contingency basis, meaning you simply pay a percentage of the settlement if you win the case. In a situation like this, with nothing to lose upfront, a personal injury lawyer Toronto should be an immediate contact.

Asking for any kind of fee upfront is a definite red flag in your search for an attorney. Don’t hesitate to refuse to work with such a lawyer and continue your search. Once you’ve found an agreeable lawyer, it’s hard to overstate their usefulness. They’ll firstly take on the insurance company, helping you through all the most common challenges to your case. They also may be able to increase the amount of compensation you’ll receive in the outcome of a successful case. They’ll also be able to effectively pursue a lawsuit if it comes to that. And remember, you’ll owe nothing if the case is unsuccessful for any reason.

Personal injury claims are always stressful affairs, but with the correct knowledge and help, there’s little reason to think you won’t get the compensation you deserve.