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Why Personal Injury Claims Get Rejected and How to Avoid It
If you need legal assistance concerning personal injury claims, don’t hesitate to contact Raymon Law Group at (505) 390-1040 located in Albuquerque, New Mexico.
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Navigating the intricacies of Personal Injury Claims can be a daunting task, especially when the stakes are high. At Raymon Law Group, we understand the challenges individuals face when seeking compensation for injuries sustained due to the negligence of others. Here we will see the common reasons why personal injury claims get rejected and provide actionable steps to avoid these pitfalls.
If you need legal assistance concerning Personal Injury Claims, don’t hesitate to contact Raymon Law Group at (505) 390-1040, located in Albuquerque, New Mexico. Our dedicated team is here to support you through challenging situations, ensuring that your rights and interests are skillfully advocated for and protected.
Understanding Personal Injury Claims
Personal Injury Claims are legal disputes that arise when an individual suffers harm from an accident or injury, and someone else might be legally responsible for that harm. These claims can encompass a wide range of incidents, from Car Accidents to Workplace Injuries. In New Mexico, the process of filing and successfully settling a Personal Injury Claim can be particularly complex, requiring a deep understanding of local laws and regulations.
Statistics on Personal Injury Claims in New Mexico
New Mexico sees a significant number of Personal Injury Claims each year, particularly in urban areas like Albuquerque. According to the New Mexico Department of Health, there were over 10,000 reported cases of workplace injuries in 2022 alone. Despite the high number of claims, a considerable percentage of them are rejected due to various reasons.
Common Reasons for Personal Injury Claims Rejection
Lack of Evidence
One of the primary reasons Personal Injury claims get rejected is the Lack of Sufficient Evidence. In a Personal Injury case, the Burden of Proof lies with the claimant, meaning you must provide clear and compelling evidence that the other party’s Negligence directly caused your injuries. This evidence can include:
Medical Records: These are crucial in documenting the extent and nature of your injuries. Detailed medical records, including diagnoses, treatment plans, and medical bills, can substantiate the severity of your injuries and link them to the incident.
Photographic Evidence: Photos taken immediately after the accident can be powerful pieces of evidence. These can include images of the accident scene, your injuries, and any property damage. Time-stamped photos add credibility to your claim.
Witness Statements: Eyewitnesses can provide impartial accounts of the incident. Collecting statements from people who saw the accident occur can strengthen your case by corroborating your version of events.
Police Reports: Official reports from law enforcement can provide an objective account of the incident. These reports often include crucial details, such as the officer’s observations and any citations issued at the scene.
Missing Deadlines
In New Mexico, Personal Injury Claims are subject to a Statute of Limitations, which is three years from the date of the accident as per the New Mexico Statutes Annotated (NMSA) Section 37-1-8. Missing this critical deadline can result in the automatic dismissal of your claim, regardless of its merits. It is essential to be aware of and adhere to these legal deadlines to preserve your right to seek compensation.
Pre-existing Conditions
Insurance companies scrutinize medical records to determine if the injuries claimed were directly caused by the accident or if they were pre-existing conditions. If they find evidence suggesting that your injuries predated the accident, they may deny your claim on the grounds that the accident did not cause your injuries. It’s important to differentiate between new injuries and the aggravation of pre-existing conditions in your medical documentation.
Fault Disputes
Disputes over who was At Fault for the Accident can also lead to the rejection of a claim. If the other party or their Insurance Company disputes their liability, your claim may be rejected if you cannot clearly establish their fault. In Car Accidents, for example, both parties might be partially at fault, and New Mexico follows a comparative negligence rule, which can complicate the claim process.
Insufficient or Inaccurate Information
Providing incomplete or inaccurate information when filing your claim can lead to its rejection. Errors in your personal details, the description of the incident, or the specifics of your injuries can raise doubts about the credibility of your claim. It is essential to ensure that all information provided is accurate and complete.
Failure to Seek Immediate Medical Attention
Delaying Medical Treatment after an Accident can severely impact your claim. Insurance companies may argue that your injuries were not serious or that they were not caused by the accident if you did not seek prompt medical attention. Immediate medical evaluation and treatment not only ensure your well-being but also provide critical documentation for your claim.
How to Avoid Claim Rejection
Gather Comprehensive Evidence
To avoid rejection due to Lack of Evidence, it is crucial to gather as much comprehensive evidence as possible. This includes:
Medical Records: Ensure that all medical treatments, diagnoses, and follow-up visits are well-documented. Keep a detailed log of all medical expenses related to your injury.
Photographic Evidence: Take clear, time-stamped photographs of the accident scene, your injuries, and any damage to property. These images can serve as vital evidence.
Witness Statements: Collect contact information and statements from any witnesses. Witnesses can provide crucial third-party verification of the events leading to your injury.
Police Reports: Obtain copies of any police reports related to the incident. These reports can provide an objective account of what happened.
Adhere to Deadlines
Ensure you are aware of the Statute of Limitations for Personal Injury claims in New Mexico and file your claim within the specified time frame. Working with an experienced attorney like Eric Raymon from Raymon Law Group can help you stay on track with these deadlines and ensure that all necessary documentation is submitted on time.
Document Pre-existing Conditions
If you have pre-existing conditions, it is essential to provide a detailed medical history to demonstrate how the accident aggravated your condition. Your Attorney can help you gather the necessary medical documentation to support your claim. Clearly showing the difference between your health before and after the accident can strengthen your case.
Establish Clear Fault
Work with a knowledgeable attorney to establish clear fault in your case. This may involve:
Hiring Accident Reconstruction Experts: These experts can recreate the accident scene and provide evidence supporting your version of events.
Collecting Additional Evidence: Gather any available traffic camera footage or other forms of video evidence that can help establish fault.
Gathering Statements from Unbiased Witnesses: Ensure that witness statements are detailed and collected as soon as possible after the accident.
Provide Accurate Information
Double-check all information provided in your claim to ensure accuracy. This includes your personal details, the description of the incident, and the specifics of your injuries. Accurate and complete information reduces the risk of your claim being questioned or rejected.
Seek Immediate Medical Attention
Seek medical attention immediately after the accident, even if you believe your injuries are minor. Prompt medical evaluation and treatment can provide essential documentation for your claim and demonstrate the severity of your injuries. Follow all prescribed treatments and attend all follow-up appointments to build a strong medical record.
The Importance of Medical Documentation
Detailed Medical Records
Comprehensive medical records are critical in proving the extent of your injuries and their impact on your life. These records should include:
Initial Evaluation: Documentation of your condition immediately following the accident.
Ongoing Treatment: Records of all medical treatments, including surgeries, therapies, and medications.
Specialist Consultations: Reports from any specialists you see for your injuries.
Impact on Daily Life: Notes on how your injuries affect your ability to work and perform daily activities.
Expert Medical Testimony
In some cases, it may be necessary to obtain expert medical testimony to support your claim. An experienced attorney can help you find qualified medical experts to provide testimony on the severity of your injuries and their impact on your life.
The Role of Legal Representation
Expertise and Experience
Hiring an Experienced Personal Injury Attorney can significantly improve your chances of a successful claim. At Raymon Law Group, Eric Raymon and his team bring extensive experience in handling Personal Injury Cases in New Mexico. They understand the nuances of local laws and can navigate the complexities of the legal system on your behalf.
Negotiation Skills
Insurance companies often aim to minimize payouts. An Experienced Personal Injury Attorney can effectively negotiate with insurance adjusters to ensure you receive fair compensation for your injuries and losses.
Legal Strategy
Developing a strong legal strategy is crucial for a successful claim. Your attorney can help you gather evidence, establish fault, and build a compelling case to present in court if necessary.
Support and Guidance
The process of filing a Personal Injury Claim can be overwhelming. Having a dedicated attorney by your side provides valuable support and guidance throughout the process, ensuring you make informed decisions at every step.
Contact Raymon Law Group Today
Filing a Personal Injury Claim can be a complex and challenging process, particularly in New Mexico. By understanding the common reasons for claim rejection and taking proactive steps to avoid these pitfalls, you can significantly improve your chances of a successful outcome.
At Raymon Law Group, we are dedicated to helping individuals navigate the intricacies of personal injury claims, ensuring they receive the compensation they deserve. If you need legal assistance concerning Personal Injury Claims, don’t hesitate to contact Raymon Law Group at (505) 390-1040, conveniently located in Albuquerque, New Mexico. Our dedicated team is here to support you through challenging situations, ensuring that your rights and interests are skillfully advocated for and protected.
Frequently Asked Questions (FAQs)
What Should I Do Immediately After an Accident to Strengthen My Personal Injury Claim?
Immediately after an accident, ensure your safety and seek medical attention even if your injuries appear minor. Document the scene by taking photographs, collect contact information from witnesses, and file a police report. Promptly notify your insurance company and consult with an experienced personal injury attorney like Eric Raymon at Raymon Law Group to guide you through the process.
How Long Do I Have to File a Personal Injury Claim in New Mexico?
In New Mexico, the statute of limitations for filing a personal injury claim is three years from the date of the accident. It is crucial to file your claim within this timeframe to avoid automatic dismissal. Consulting with an attorney can help ensure that you meet all necessary deadlines.
What Types of Evidence Are Most Important for a Personal Injury Claim?
The most important types of evidence include medical records, photographic evidence of the accident scene and injuries, witness statements, and police reports. Detailed and accurate documentation significantly strengthens your claim and helps establish the other party’s fault.
How Can Pre-existing Conditions Affect My Personal Injury Claim?
Pre-existing conditions can complicate your claim, as insurance companies may argue that your injuries were not caused by the accident. It is important to provide a detailed medical history and demonstrate how the accident aggravated your pre-existing condition. An experienced attorney can help gather the necessary medical documentation to support your claim.
What Should I Do If the Insurance Company Denies My Claim?
If your claim is denied, it is essential to understand the reasons for the denial. Consult with a knowledgeable personal injury attorney who can review your case, gather additional evidence, and negotiate with the insurance company on your behalf. Your attorney can also help you file an appeal if necessary.
How Is Fault Determined in a Personal Injury Case?
Fault is determined by evaluating evidence such as accident reports, witness statements, photographic evidence, and expert testimony. In some cases, accident reconstruction experts may be used to provide a detailed analysis of the incident. New Mexico follows a comparative negligence rule, which means that fault can be shared between parties, and compensation may be adjusted accordingly.
Can I File a Claim If I Was Partially at Fault for the Accident?
Yes, you can file a claim even if you were partially at fault. New Mexico’s comparative negligence rule allows you to recover compensation proportionate to your degree of fault. For example, if you are found to be 20% at fault, you can still recover 80% of the total damages.
What Compensation Can I Receive in a Personal Injury Claim?
Compensation in a personal injury claim can include medical expenses, lost wages, pain and suffering, property damage, and in some cases, punitive damages. The specific compensation you are eligible for depends on the details of your case and the extent of your injuries.
How Long Does It Take to Resolve a Personal Injury Claim?
The time it takes to resolve a personal injury claim varies depending on the complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate. Some cases may be settled within a few months, while others may take years if they go to trial. An experienced attorney can provide a more accurate timeline based on your specific situation.
Why Should I Hire a Personal Injury Attorney?
Hiring a personal injury attorney provides several benefits, including expertise in navigating the legal system, effective negotiation with insurance companies, and developing a strong legal strategy. An attorney can ensure that you meet all deadlines, gather comprehensive evidence, and maximize your compensation. At Raymon Law Group, we are committed to providing the highest level of legal representation to our clients.
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