4 Reasons Why Your Injury Claim Might Be Struck Out
Hiring a motorcycle accident attorney is the best thing to do if you get injured in a motorcycle accident; you increase your chances of getting compensated.
Sometimes, however, some victims find their claims struck out even when there is physical evidence of injury. When this happens, victims blame the law for being blind and biased. But is that the case?
One thing that everyone must always remember is that the law is blind to everyone and operates on evidence. The law is also honest, and dishonest claims are bound to be punished.
Reasons Why Your Claim Can Be Struck Out
- Filing dishonest claims: Filing an exaggerated claim is an offense under the law. In legal terms, it is called fundamental dishonesty. Fundamental dishonesty differs slightly from untrue claims in that although the injuries and damages are genuine, certain aspects of the story are exaggerated to increase compensation and sway the judge. Exaggerating your medical symptoms may also be considered fundamental dishonesty. The three common areas where victims exaggerate the most are material damages, financial losses, and personal injury.
- Filing untrue claims: Your motorcycle accident attorney will advise you on how to file claims when you need to. You should avoid claiming untrue damages; for example, claiming compensation for a broken limb when you never suffered it. If you also falsify bills and financial losses, you might be committing a criminal offense which the court can punish you for.
- Discrepancies in your statements: For your claim to stand, all statements you make must be uniform, unchanged, and non-contradictory. Changing statements can result in contradictory testimony that the court will strike out. You should also be careful to avoid contradicting your statements with your lifestyle. If you have stated that you cannot walk without aid, for example, appearing in court or public without aid might strike out your case. If your immediate situation changes, then your statement must change to reflect the new situation and intimate the court about it.
- Filing claims without proper evidence: Your claims are only as good as the evidence that you can provide. The court would want to see pictures, medical reports, police reports, medical bills, some identification, permits, etc., before hearing the case. If these are absent from your file, your case might be in jeopardy.
Hiring a motorcycle accident attorney will help you to avoid these pitfalls. Attorneys file cases correctly and gather all evidence to present in court.