If you are hurt in an accident caused by someone else’s actions – whether it was an auto wreck, a slip-and-fall or a bicycle accident – you may be eligible for compensation for your injuries and other damages.
However, there are times when your personal injury claim may be denied by the defendant’s insurance company as well as the court. If this happens, you may want to know what went wrong. While there are a wide variety of reasons why your personal injury claim could be denied, here are the most common ones:
1. You can’t connect your injuries to the accident
This is a BIG one. A personal injury claim, just like any other legal matter is litigated on the basis of evidence. And one of the most important pieces of evidence that can bolster your personal injury claim is your medical records. A clear medical record that links your injuries to the accident in question can go a long way in proving breach of duty. Other evidence that can work in your favor includes the police report, eyewitness account and surveillance footage.
2. You missed an important deadline
If you are hurt as a result of someone else’s wrongful actions, you need to file your claim within a specified timeframe known as the statute of limitations. In Massachusetts, you have three years from the date of your injury to pursue personal injury claims against the defendant. If you fail to file a lawsuit within the statute of limitations period, you may forfeit your right to compensation regardless of the strength of your case.
Accidents happen when they are least expected. And when you are involved in one, you might be left with life-altering injuries. Find out how you can safeguard your rights while pursuing a personal injury claim in Massachusetts.