Personal injury cases can be legally intricate. At the same time, they can be emotionally taxing, and several unique circumstances can significantly complicate these already challenging legal battles.
According to the US Department of Justice, the country sees over 400,000 personal injury claims every year. The complexities of these cases vary greatly with some being more complicated than others. Understanding these potential complications is crucial for anyone involved in a personal injury lawsuit.
In this article, we’ll delve deeper into six situations that can make your personal injury case even more intricate.
#1 Pre-Existing Medical Conditions
The presence of pre-existing medical conditions can significantly complicate a personal injury case. Insurance companies may seize upon these prior health issues to argue that your injuries aren’t solely attributable to the accident. Instead, it was a result of your pre-existing conditions.
As a result, proving the extent of your injuries and their direct connection to the incident becomes a complex task. Your legal team must work diligently to differentiate between your pre-existing conditions and the new injuries sustained due to the accident.
#2 Multiple Parties Involved
In some instances, personal injury cases involve multiple parties, creating a tangled web of liability issues.
Take the case of teen volleyball player Janae Edmonson as an example. According to CBS News, she lost her legs in a violent car in St. Louis, Missouri. Edmonson is now teaming up with a St. Louis personal injury attorney to sue the two drivers involved in her accident. She is also suing the city of St. Louis for failing to maintain a safe intersection on its roads.
According to TorHoerman Law, personal injury cases can get very complicated. When multiple parties are involved, as was in Edmonson’s case, another layer of complication gets added to the case. This complexity often leads to protracted legal battles, as each party involved may attempt to shift blame onto others. In such cases, it becomes paramount to carefully investigate and reconstruct the sequence of events to establish liability accurately.
#3 Inadequate Insurance Coverage
One of the most challenging scenarios in a personal injury case arises when the at-fault party lacks sufficient insurance coverage. That means they fail to fully compensate you for your losses.
This shortfall can be especially daunting as it necessitates exploring alternative avenues for compensation. This includes relying on your own insurance policies or pursuing a personal injury lawsuit against the responsible party. Navigating these options can be complex and may require legal expertise to ensure you receive fair compensation for your injuries.
#4 Uncooperative Witnesses
Witnesses play a pivotal role in personal injury cases by providing vital statements and testimonies. However, complications can arise when witnesses prove uncooperative or hesitant to get involved.
Their reluctance to testify can significantly weaken your case and create substantial hurdles in establishing the facts surrounding the incident. Overcoming this obstacle often demands the skillful persuasion of an experienced attorney to encourage reluctant witnesses to come forward and testify.
#5 Delayed Onset of Injuries
In certain personal injury cases, the injuries sustained may not manifest immediately after the accident. This delayed onset of symptoms can pose a substantial challenge when attempting to establish a direct link between the accident and your injuries. Insurance companies frequently seize upon this situation to argue that your injuries are unrelated to the incident.
It’s something similar to them claiming your pre-existing medical or health issues are responsible for the injuries. This makes it considerably harder to obtain the compensation you rightfully deserve.
To handle this issue, medical experts may need to provide testimony to establish the causal connection between the accident and your injuries accurately.
#6 Comparative Negligence
When both parties involved in an accident share some degree of fault, the legal concept of comparative negligence comes into play. This situation can significantly complicate the case, as it requires a meticulous determination of the degree of responsibility for each party involved.
The outcome of this assessment directly impacts the amount of compensation you may receive. Insurance companies often utilize comparative negligence as a strategy to reduce their payout, making your case substantially more complex.
Your legal team must build a compelling argument to establish the degree of negligence and ensure you receive a fair settlement or judgment.
Conclusion
According to Forbes, personal injury cases are rarely straightforward and require the parties to go through a lot of minute yet significant details. Various situations can considerably complicate these cases.
If you find yourself facing any of these challenges, it is essential to seek legal counsel from an experienced personal injury attorney. They can provide the expertise needed to navigate these complexities and construct a robust case. All this helps maximize your chances of obtaining fair and just compensation for your injuries.
