Why Serious Injury Claims Are Denied
In an injury claim you have the burden of proving two issues. First, that another person/entity is responsible for your injuries and secondly, the nature and extent of your injuries. If you fail to present evidence on the first issue your claim will be denied.
Where it is clear that the other person/entity is responsible for your injuries but you are unable to prove that your injuries are serious, extensive, or that the injuries you claim were directly caused by the other person/entity’s conduct, then your claim will also be denied – at least to the extent you are requesting reimbursement. As an example, you may claim that you sustained a serious back injury needing surgery as a result of the other person’s conduct. Yet they may claim that your serious back problems were pre-existing and you received very little or no harm, as a result of their acts.
Additional reasons for denial may have nothing to do with the evidence supporting your claims. This is particularly true where the claim involves a substantial sum of money. The defense will stonewall and deny knowing that the legal system is ponderous and slow and hoping that financial pressures will cause you to significantly compromise your claim.
Though you have no control over what the defense does, you do have control over the preservation and presentation of the evidence that supports your claim and which will eventually allow you to prevail.