Personal injury is a term used to refer to an injury caused by another person’s negligent or reckless actions. The physical pain, emotional turmoil and diminished quality of life can greatly impact your wellbeing. When you are hurt as a result of another person or entity’s negligence, you deserve justice. And this is where a personal injury lawsuit comes in.
You will likely have a lot to deal with following a personal injury: treatment costs, lost income and loss of income potential if the injury leaves you paralyzed or too hurt to work. A personal injury lawsuit is designed to ensure that you get the compensation you deserve for these and other damages. However, there are times when your personal injury lawsuit can end in a denial. If this happens, it is important to understand the reasons behind the denial so you can explore your legal options.
Here are two common reasons why the court may deny your personal injury claim.
Failing to report the injury or seek treatment
An injury that is not reported early enough is likely to stir controversy. The same applies to situations where you fail to seek treatment immediately following the injury. If you sustain the injury at work, it is important that you file an injury report with your employer as soon as possible. By failing to report the injury and seeking treatment immediately, both the defendant and their insurance company may argue that your alleged injury had nothing to do with the incident in question. And if the court believes their argument, it might as well deny your claim.
Every state has a timeline (known as the statute of limitations) within which you must file a personal injury lawsuit against the defendant. In Wisconsin, you have up to 36 months from the date of your injury to file a personal injury lawsuit against the at-fault party. You risk having your claim dismissed if you miss this deadline.
A personal injury can have a lasting and devastating impact on your life. If your injury is attributed to someone else’s actions or inaction, it is important that you avoid these common mistakes while filing your personal injury lawsuit.