Insurance companies will do anything they can to delay and deny payment to you for compensation of your injuries from an accident. It doesn’t matter what type of accident:
- car accident
- motorcycle accident
- bus accident
- truck accident
- fall down accident
- construction site accident
- work injury
- medical malpractice
Here are just a few examples of situations which, if they exist in your case, will undoubtedly cause some sort of problem as the accident case progresses.
Injured Body Part was Previously Injured
If the part of body injured in the accident has been previously injured, it raises a red flag to insurance companies. It will give them a reason, at least initially, to claim their insured did not cause your injuries. This is especially true if your previous injury was longstanding, and if you were still going through some form of treatment at the time of your accident. In these cases, it can be difficult to prove that your current injury was caused by your accident and not some other event in your past. Causation of your injuries will be largely dependent on what your doctors say.
Felony Criminal History
If you have a felony history, the opposing side may be able to tell the jury about it. This of course depends on the nature of your past arrests/citations, but it can be particularly damaging to your case if your criminal history in any way regards fraud or other forms of deceit.
If the Bulk of Fault is On You
If you significantly contributed to the accident, insurance companies will red flag your case for no offers, low offers, or downright denial.
Statute of Limitations
If the statute of limitations on your accident claim is running out, this is a problem. In Pennsylvania, the statute of limitations for negligence cases is 2 years. A personal injury case can take time to fully play out, so it helps to not have a statute of limitations hanging over your case. Most lawyers will be very hard pressed to file suit in your case if you come to them within a few months of the statute of limitations.
If you have been the victim of an accident or injury and are concerned about the information provided in this article, you should still request a consultation with an attorney. More for information on our process of selecting cases, please see the articles archived in our personal injury law articles section.