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What Could Make A Personal Injury Claim Tougher?

27 April 2023

Lawrence Ross

Folks who are pursuing personal injury compensation often and rightly worry about how tough their cases might be. When a personal injury lawyer discusses a claim with a prospective client, they will examine the following three areas to determine what might be the case's difficulty level.

Pre-Existing Conditions

One potential defense an insurer might use to avoid paying a claim is that the injuries are associated with a pre-existing condition. An insurer may focus on an older injury in the same part of the victim's body, for example. Generally, an insurance company will have a doctor of their choice examine you to see if your claim is legitimate. The doctor might focus on areas where older injuries overlap with the new ones to reaffirm that these issues aren't new developments.

Notably, a pre-existing medical condition that wasn't due to a previous injury could work to your advantage. Regardless of a person's pre-existing condition, such as a brittle bone disorder, defendants have to take them as they come. Where this gets complex is if the victim has extensive damage from multiple injuries due to a disorder. The defense might assert that it's impossible to prove the current injuries came from the accident in question. Personal injury attorneys, though, can talk with experts to learn how the accident affected the victim.

Uninsured Defendant

Ideally, a personal injury attorney prefers to bring a case against an insured defendant. What happens when the defendant doesn't have coverage, though? You may have to sue, get a judgment, and then ask the court to garnish the defendant's wages or place a lien on their assets. This gets especially difficult if the defendant has no assets or income, and there are people who are judgment-proof.

Unclear Liability

Pursuing a claim requires a person or an organization to be the defendant. Muddled liability can make it challenging because a defendant might assert that someone else is liable. For example, a store tenant in a mall may claim that the mall is on the hook for a victim's injuries based on where the accident happened. A personal injury attorney will then have to sort through the commercial agreements to determine who to sue.

There are also can be complex questions of liability associated with negligent security. Suppose an assault happens at an apartment building because an intruder got in due to a faulty keycard system. Traditionally, a criminal is liable for injuries arising from their crimes. However, a property owner who repeatedly ignores security issues may be liable.

Reach out to a local law firm, such as Siben & Siben LLP, to learn more.

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