Loopholes That May Deny You Traffic Accident Compensation

Legal

Loopholes That May Deny You Traffic Accident Compensation

Accidents often bring with them both physical and emotional wounds. It is only fair that you, a friend or a member of your family involved in an accident get full compensation. Unfortunately, a large number of victims end up with nothing due to hitches in their traffic accident claims. It pays to know some of the loopholes in your claim and avoid them in order to ensure that justice is served.

Cause of Injuries

Your solicitor must prove that the injuries you have suffered were doubtlessly caused by occurrence of the particular accident in the case. If the defendant succeeds in convincing the court that your injuries were suffered elsewhere, you will not be compensated. It is, therefore, important to hire a reputable lawyer who has the qualifications and experience to argue your case.

Responsibility for your Care

Many defendants in accident claims go scot-free simply by arguing that they were not responsible for the complainants care at the time of the accident. Your counsel should help you determine whether you have the right to seek compensation before the beginning of the actual process. A good example is a situation where the claimant was not allowed to board the vehicle involved in the accident. In that case, there is little chance that any compensation will be awarded.

Time Limit

In many cases, the period within which you can lodge a claim in a court of law is three years—after the occurrence of the accident. When a minor is involved, the time limit may be extended. However, don’t risk losing compensation by waiting too long before contacting a solicitor with the aim of pursuing compensation. Imposing a time limit works in favor of both parties. The quicker you file for a claim, the faster it may be to source for evidence to support your claim. On the same vein, living with prospects of legal action for a long time is often considered to be an unfair position on part of the defendant.

Bottom-line

There are several other loopholes that may lead to disqualification. A number of them are inevitable. A solicitor, for example, may be hesitant to pick your case if the amount that is likely to be paid in compensation is below a certain limit. In addition, some solicitors may decline requests for their services if the value of the traffic accident claims is not likely to pay them. Put in another way, the case may not have anything much for them. However, loopholes such as the time limit are easily avoidable; you only need to make sure that your claim is not lodged after or near three years after the accident.

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