Houston is the most populous city in the US, with a population of 2.3 million. The city is known for many things, like the Space Center. Unfortunately, the city is also known for its high rate of accidental injuries and deaths. Luckily, victims can file a personal injury claim and recover their losses.
If you’re going into a personal injury claim thinking it’ll be quick and easy, you might want to hit pause. There’s more to it than just filling out paperwork and waiting for a check to arrive.
To help you out, we’re going to break down some of the key issues that can really mess up personal injury cases. These are things most people don’t think about until they’re knee-deep in the process. Remember, hiring a Houston personal injury attorney will immediately solve almost all your problems. Don’t shy away from hiring one.
Pre-existing Conditions
This one can come as a shock if you’ve never been through a personal injury case before. If you had any kind of injury or medical condition before the accident, the other side is going to dig into your medical history, and they’ll surely dig hard.
Their goal is to prove that your injury isn’t as bad as you’re claiming it is. They might even say that your current pain is just part of an old problem and not something new. This might hurt your feelings, yes, but they don’t care about that at all. The game is the game.
You should know that having a pre-existing condition doesn’t mean you can’t get compensation, but it can definitely make things messier.
Insurance companies love to latch onto this factor as a way to lower the amount they have to pay. They’ll argue that your injuries were already there before the accident happened and that the accident just made things worse temporarily, but not enough to warrant a big payout. And surely, they will look for any medical history they can find to support this argument.
Disputed Liability
You’ll surely face a few hiccups when no one wants to willingly take the blame for your accident. You might think it’s obvious that the other person caused your injury, but you’d be surprised how often that gets called into question.
In some cases, it’s not clear-cut. Maybe you were in a car accident where both drivers were speeding. Or maybe the place where you slipped and fell had a “wet floor” sign up, and the other side claims you weren’t paying attention.
So, if the other side argues that you were partially at fault, it can turn into a long battle over who is more to blame.
The “Insurance Game”
You should already know by now that the insurance company is not your friend. Their job is to pay you as little as possible, and they’re really good at it. After all, they’re a business, and the less they pay out, the more they keep for themselves.
One of the most frustrating parts of a personal injury case is dealing with an insurance company that lowballs you with an offer that’s way less than what you’re actually owed.
You should never just jump at the first number they throw at you. It’s part of the game they play, and you have to be ready to push back. If you don’t, you’ll almost certainly end up with less than you deserve.
Gaps in Your Medical Treatment
This is one issue a lot of people overlook. Let’s say you get injured, and after the initial doctor’s visit, you start to feel a little better. Maybe you skip a follow-up appointment, or maybe you decide not to go to physical therapy because you’re busy. Here’s the problem: gaps in your medical treatment can seriously harm your case.
The other side will argue that if you were really hurt, you would have kept going to the doctor. They’ll use any missed appointments or delays in treatment to suggest that your injuries aren’t as bad as you claim.
Even if you were in serious pain, a gap in your treatment can create doubt in the minds of people who are supposed to give you justice, i.e., the judge or jury.
Symptoms Showing Up Late
It’s not uncommon for accident symptoms to show up days or even weeks after the accident. The problem is that if you don’t report the pain right away, the other side will question whether the injury was really caused by the accident. Insurance companies might claim you’re making it up or that it’s not connected to the accident.
Conclusion
Personal injury cases are complicated, and there’s no way around it. And the issues we’ve covered here can make things even more challenging.
The most important thing? Don’t go into this process blind.
Stay informed, stay vigilant, and work closely with a lawyer who knows the ins and outs of personal injury cases.
