If you are hurt in an incident that is not your fault, the law allows you to file a personal injury claim to pursue the responsible party for the resulting damages. This is especially important if you sustain serious injuries that cost thousands of dollars in medical bills.
However, it is not uncommon for a personal injury lawsuit to be declined. Should this happen, it is important that you understand the reasons for the denial so you can take appropriate steps.
Here are three reasons why you might lose your personal injury lawsuit.
When you played a role in the accident that caused your injury
Alabama is one of the few states that apply the “contributory negligence” doctrine. This means that you may lose your personal injury claim if it is established that you were partly to blame for the accident that resulted in your injury.
When you miss important deadlines
Like the other states, Alabama has a strict deadline within which you must pursue the negligent party for compensation. Known as the statute of limitations, it is important that you observe this deadline. The statute of limitations for personal injury lawsuits in Alabama is two years. Filing your claim after the lapse of this period may result in the dismissal of your case.
When there is no evidence of your injures
There has to be proof that you indeed sustained specific injuries. Additionally, your injuries must be linked to the accident in question. Some of the evidence that can strengthen your personal injury claim include your medical report, police report and eyewitness account.
No matter the cause, a personal injury can leave you with a huge medical bill as well as other damages. Knowing your legal options can help you pursue the responsible party for the damages you deserve following your injuries and increase the likelihood you succeed.