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6 Reasons That Make Personal Injury Cases Harder to Win

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Marleny Hucks
Marleny Hucks
Marlene (or Marleny as she is known in Spanish) is a mentor, teacher, cross-cultural trainer, storyteller, writer, and for those who have been under her leadership or simply sat across the table from her, she is a mirror of destiny. Her love of word and image were formed early on by one of her heroes, Dr. Seuss. If you asked those who know her well, they would describe her a compassionate, funny, wise, curious, honest, real, strong, sensitive and totally human which comes out as she teaches and writes. She sees all of life, even the most mundane, through faith and believes that who we become as we live this side of the veil is what matters not the journey itself or our circumstances. Marleny Hucks has spent her life crossing bridges. She comes from a diverse background of ministry roles and contexts as well as has transitioned in and out of the business world. Having lived outside the country as well as traveled extensively she has a fascination with culture causes her to live her life within a global mosaic no matter where her feet are planted. Marlene currently lives in South Carolina with her husband David, who owns a news company but who she says is a “crime fighter”, bringing light into darkness in their systems of their city. Marleny currently works as a content management specialist covering Myrtle Beach News for MyrtleBeachSC News.

If you are injured as a result of someone else’s negligence, it is important that you are entitled to compensation for your injuries and that you do not jeopardize your right to claim. So how long does it take to settle a personal injury claim? The answer is – it depends. Simple cases are expected to be fully resolved within half a year. However, it can be faster or slower. 

Experienced attorneys like the ones at Morris Law Firm can usually determine if you have a case with just a few simple inquiries. Many factors affect the time it takes to resolve a personal injury lawsuit. Here are 5 popular reasons that make personal injury cases harder to win.

1. The statute of limitations has expired.

If the statute of limitations has already passed, no lawsuit can be filed. In the USA, the statute of limitations is two years from the injury, so you should file your claim as soon as possible. Your lawsuit will be dismissed regardless of why you did not file your claim within the statute of limitations.

2. Failed to document the accident 

Make a note of the accident as soon as possible and take pictures and videos when you are there. Obtain contact and insurance information for the other party and witnesses. Be aware of damaged items and keep a record of them. Keep copies of all medical receipts and medical records. You can also keep a diary to record rehabilitation, discomfort, and other concerns arising from the event.

3. Injuries and the recovery time is difficult to determine.

To resolve a personal injury claim, first you must identify the injury you sustained. They must be treated within a timeline for resolution. This is determined by obtaining a medical report. A doctor must be qualified to notice your injury. This report is used to determine the amount of compensation you will receive.

However, in the case of serious injuries, doctors may not be able to provide an estimated recovery time. You may need to give additional treatments and wait for results. Diagnosis such as an MRI scan or ultrasound may be required. 

A doctor may feel unable to comment on a particular injury and may recommend that you get a second opinion from a specialist. Many questions can arise after a visit to the specialist. 

What are the conclusions of the report? Is there a need for further treatment or reporting? And so on.

4. The legal system is complicated.

The judicial system is a public service and, like many other aspects of our infrastructure, it has also been affected over the years by underfunding, cutbacks, and poor technological developments. As a result, the system is facing troubles with a huge backlog of cases in the court, lacks transparency, and struggles to process claims within acceptable timeframes. 

Once proceedings have commenced, there is little that can be done to expedite court proceedings other than ensuring that your attorney takes all necessary legal steps.

5. No personal injury lawyer handles these cases anymore.

Lawyers often file large tort lawsuits to obtain as many witnesses as possible. However, some attorneys do not take specific cases, because of the legal implications involved and the long processing time of the case. For example- they might feel that it is a waste of time to go against a big company that has greater chances of winning the case.

6. Difficult to prove fault in the case

Even if your case is worth it because of the seriousness of your injury, you are unlikely to have a case if it is difficult to prove fault. This is because evidence is the first requirement for a personal injury claim.

For example, if you slip and fall in a store because of oil on the floor, you have a strong case and that can be proved with the help of witnesses and CCTV footage. However, if you trip over the same floor because of your untied shoelace, it is partly your fault too and it can be difficult to determine the property owner’s fault. 

If you or someone you love was injured in an accident caused by someone else’s negligence, you should contact a personal injury attorney.



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