Getting caught up in an accident is frustrating as it pushes you back from handling the schedules you had in mind as you have to take time off to seek medical attention and fully recover from the shock plus body injuries. It becomes worse if the injuries sustained are severe, and there is the need of having specialized physicians take you through complicated treatment procedures. At such a time, the last thing you need has to be dealing with the complications of handling a car accident claim when you were obviously not at fault.
The fact is that the rule of law is never as simple as many people imagine, and one must be ready to overcome all challenges in the journey to attaining justice. Among the common factors that one has to face include;
1. Insurance Challenges
Insurance companies are in business because they have discovered ways to maximize on the insurance policy documents to ensure that they make as few payments as possible for all claims. This becomes a reality after you have been involved in an accident and insurance adjusters take the role of protecting the interest of their employer. Another issue that is never easy to deal with is getting in an accident with a driver who is uninsured or underinsured, which often turns out to be a tough fight.
2. Proof of Liability
After an accident, every driver will be pointing fingers at the other party as there is always the necessity of proving negligence. There is always a specific criteria of determining liability and include showing that there was the duty of care, breach of the burden of care and that there are damages caused directly because of the accident.
3. The Hurdle Of Pre-existing Injuries
If you have a medical condition or were injured in the past before getting involved in the accident, it is always an uphill task showing that your pain and suffering is because of the negligence of the at-fault party. As such, there is the necessity of having solid proof and arguing before the law that it is because of the accident that new injuries have been sustained and that the pre-existing injuries have been worsened.
4. The Argument Of Comparative Negligence
The other party can place a hard battle by using the defense of comparative negligence to show that you equally played a central role in the accident happening. In Las Vegas, the doctrine of contributory negligence is applied whereby if the negligence of the claimant is higher than the defendant; then one is not entitled to any benefits.
In all these instances which generally come to play when one is looking to receive compensations,
Auto injury lawyers have the expertise to see you through all these hurdles. Unlike insurance adjusters who have other interests, an attorney has the primary mandate of ensuring their clients get the best representation and claims they deserve. They will, therefore, implement the best practices in the industry and develop practical strategies that will ensure that all the challenges are overcome and that as an accident victim, the right compensation is provided.