A car accident can turn your life upside down. If you are involved and hurt in a car crash that is attributable to another party’s reckless actions, it helps to note that you do not have to carry the burden of the resulting medical bills and other losses on your own. You may file a civil lawsuit against the liable party.
However, personal injury claims, just like all legal matters, can be tricky, especially if you do not know how the law works. It’s not uncommon for a seemingly genuine claim to be refused. If this happens to you, it’s important that you find out what went wrong so you can explore whether to appeal the decision or not.
Here are common instances when a personal injury claim can be refused.
When there is a lack of evidence to back up your claim
If you are filing a lawsuit, it is incumbent on you that you support your claim with substantial evidence. Without evidence, your personal injury claim can boil down to your word against the defendant’s word, and this can place you in a very awkward situation. This explains why you need to;
- Call the police to the accident scene if someone was hurt, killed or property damaged,
- Seek medical attention as soon as possible so you can obtain a doctor’s report and,
- Take witness statements. Without proper evidence, you will have a difficult time proving your case.
If you fail to file your claim in time
Even with strong evidence, you still need to file your claim in time. This is known as the statute of limitations period. In Rhode Island, you are required to file your personal injury claim within three years from the date of the accident. You might lose your claim if you do not act within this timeframe.
If you are involved in an accident that is not your fault, you deserve justice. Understanding your legal obligations and entitlements following the crash can help you assert your rights and receive the compensation you are duly entitled to.
