September 20, 2022 | Personal Injury Lawyer Omaha

Having an experienced personal injury lawyer by your side is critical when seeking compensation through a personal injury claim. Experienced and knowledgeable personal injury attorneys can help improve the chances of victims securing just compensation for their claims. However, professional legal representation does not mean that it will be all smooth sailing. In fact, personal injury attorneys face many challenges when pursuing compensation on behalf of accident victims. Below are some of the most common problems attorneys are faced with in personal injury claims.

1. Proving fault and liability

Proving fault and liability is the most important aspect of a personal injury claim. In order for a victim to recover compensation they must show that their injuries or damages were a direct result of the negligent or reckless actions of another party. They must show that this party ought to be held liable for their damages.

While some cases are obvious, there are some cases where proving liability can be fault and liability can be difficult. For example, it can be a challenge to prove that a car accident occurred as a result of a defect in a part in the vehicle. This would require thorough inspection and testing as well as referring to experienced engineers to show that the manufacturer of the part was at fault and is therefore liable.

2. Large volume of paperwork

It’s no surprise that personal injury cases involve dealing with a lot of paperwork. Many types of claims and lawsuits involve a lot of paperwork. Insurance companies can increase the attorney’s workload by requesting additional documentation for verification of the injury claim. Failure to provide this additional documentation can result in the claim being denied. Insurance companies can also use this as a delay tactic to frustrate the accident victim.

3. Lack of sufficient documentation of the injuries and damages

One of the aspects of proving liability involves providing documentation to show the injuries or damages. This documentation may include photos of the injuries, receipts detailing related expenses and many more. This documentation helps to show damages incurred by the accident victim resulting from the accident or incident.

It can be difficult to prove liability if there is insufficient documentation. The victim may end up receiving much less than they are entitled to. They may even have their claim denied if they are unable to show that the injuries or damages they suffered were a result of the accident.

4. The victim having pre-existing injuries

It is important for accident victims to show that their injuries and the resulting damages were caused by the negligent or reckless actions of the at-fault party. There are instances when an accident further aggravates an injury or condition that the victim already had.

The presence of a pre-existing injury will be taken into account when deciding whether you are eligible for compensation. Some victims may therefore try to hide the fact that they had a pre-existing injury from their lawyer. There are also instances when insurance companies will attempt to deny the claim because of the presence of a preexisting injury. It can be challenging for the attorney to prove that the damages experienced by the victim are a result of the accident and not of the pre-existing injury.

5. Insurance providers pushing for settlement

Insurance companies are businesses. Just like other businesses, they will do what they can to make and protect their revenue. This includes denying claims or minimizing the payouts they make as settlements. It is therefore not uncommon for insurance companies to push for a settlement. Their goal is not to give the victim relief from their economic struggle but to spare themselves the expenses and time involved in going to trial. However, this often isn’t in the best interests of the victim. It can be challenging to fight on behalf of the victim and get the insurance company to increase their settlement offer to a just amount.

6. Dealing with delays

Delays in personal injury claims can occur for various reasons. For example, the doctor consulted may not make the necessary documents available on time. The attorney may also not get quick responses from other parties or they may not be able to gather the required evidence quickly. Insurance companies may also apply delay tactics. This can prove to be a challenge especially when facing time constraints in the legal process.

Personal injury cases often present challenges to both the victims seeking compensation as well as the attorney representing them. However, experienced attorneys have an in-depth understanding of the law. They also have experience dealing with similar issues in other personal injury cases. They will therefore know how to approach the problems and work to get the best outcome in your case. You will increase your chances of success by seeking the assistance of an experienced personal injury attorney. Contact us not to schedule consultation with an attorney from our firm.

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