Reviewing Your Injury Claim for "Fleas"

Common factors likely to have a claim rejected include:

• Delayed medical treatment. Did you wait a significant amount of time after your accident to go to the doctor? If so, it will be easy for insurance adjusters and defendants to claim that your injury wasn't that serious, or that your actual injury occurred after the accident itself.
• Lack of clear answers. A successful injury suit depends on clear and incisive presentation both on paper and, if needed, in court. If you go to a lawyer and cannot provide clear, succinct answers upon your first consultation, it's likely that they will assume there is more to the story than you are willing to admit.
• Delayed attempts to file. Did your accident happen years ago? Even if you are still trying to take action within the statute of limitations, a large gap of time only allows for you—and possibly other lawyers—to harm your claim's chances at recovering money. Any evidence to help support your claim may also be unavailable if you wait too long.
• Suspicious history of injury claims. If your current claim is just one of several you've tried to pursue in your adult life, it will likely hurt your credibility. Defense counsel and insurance adjusters see this kind of history with a claimant and, in short-order, can characterize them as an opportunist.
• Numerous claim rejections. Claims that have already been rejected by other firms around town likely has an inherent weakness. Personal injury firms can only commit their time and resources to claims they think they can win. If they have determined an issue with your claim early in the vetting process, it is going to be "a pass."
• Limited damage to your car. For auto accident claims, the seriousness of your claim should be evident in the condition of your car. Generally speaking, car claims with $1500 or less in damages are likely to have a tough time convincing a judge or jury that substantial injury compensation is warranted.
• Lack of supporting eyewitnesses. This can be particularly problematic for lane change and intersection accidents. Often, without witnesses, these claims boil down to two conflicting accounts of who is actually at fault. The result is no awarded compensation and a waste of everyone's time.
• Lack of serious injuries. Minor cuts and bruises are an unfortunate part of an accident, but they do not necessarily call for aggressive legal action. Even if the other party admits fault, without the presence of broken bones, hospitalization, scarring, and other serious effects, any awarded compensation will likely be low.