After an accident, many people assume that any injuries they receive entitle them to financial compensation. However, this is not always the case. In Georgia, many legal and practical barriers can either limit or prevent recovery. It is important to learn about these barriers to strengthen your personal injury claim.
Common roadblocks in personal injury claims
There are many hurdles to consider before filing a personal injury claim – some of which are based on strict legal rules, whereas others involve practical issues that affect how insurers and courts evaluate evidence. Examples of such hurdles include:
- Modified comparative negligence: If the court finds you to be 50% at fault or more for an accident, you cannot recover damages. However, if you are under 50% at fault, the court reduces how much you can recover based on your percentage of fault.
- Missing the deadline: Georgia has a two-year statute of limitations for personal injury claims. This means you typically have a deadline of two years from the date of injury to file, with certain exceptions.
- Being aware of the risk: Knowing about the risk or danger a certain course of action poses and choosing to pursue it can prevent recovery. For example, if there is a hazard or wet floor sign that warns you of potential danger and you proceed, you may weaken your claim.
- Gaps in medical care: Long delays in treatment can reduce how much you can recover financially.
- Inconsistent statements: Conflicts between your report, records and testimony has the potential to affect how much financial compensation you can receive.
Most of these issues appear in insurance investigations or during early legal reviews of a claim. Identifying these barriers as soon as possible can help you correct problems with documentation, gather relevant evidence and avoid preventable mistakes.
What you can do to bolster your claim
The key to strengthening a personal injury claim is to collect the right evidence. This means documenting symptoms from injuries, collecting photographs and surveillance footage and presenting medical notes, bills and records. It is also important to keep track of deadlines, follow treatment and avoid saying anything that may weaken your claim.
Taking these steps early can improve your position and preserve valuable evidence. With careful preparation and informed decisions, you can manage these issues before they affect your claim. Recovering from an injury can be a difficult process, but compensation can help you make up for lost wages and medical expenses.