Assertive Personal Injury Representation

5 Factors That Can Invalidate a Texas Personal Injury Claim

by | Oct 11, 2022 | Uncategorized

From daily pain to a stricter budget, sustaining an injury due to someone else’s negligence can leave you with numerous losses. In Texas, you may be able to recover these losses with a personal injury claim, but the opposing party will likely look for opportunities to fight paying you. Unfortunately, many factors can invalidate a Texas personal injury claim, even in seemingly straightforward cases.

Without proper guidance and legal counsel, you may be more likely to do something to invalidate your claim. Enlist a strong advocate from Mott & Moffett to protect your rights and help you secure a fair payout in Texas. We strive to provide our clients with accurate legal advice that will help safeguard their rights. Using knowledge gained from our years of experience, we aim to ensure every decision related to your case leads you to a favorable outcome.

5 Factors That Can Invalidate a Texas Personal Injury Claim

During the personal injury claims process, other parties will battle to keep their money while you fight to recover damages. It’s not uncommon for both the insurance company and the responsible party to try to avoid paying you a dime and hunt for any misstep they can use to their advantage.

To guarantee that nothing prevents you from getting the compensation you deserve, you must be careful with what you say and do. Be mindful of these factors that can invalidate your Texas personal injury claim.

Putting Off Seeking Medical Care

Not seeking medical treatment right away can make it seem as if you’re not that injured, which allows the other party to argue you don’t need as much compensation for medical care. Also, delaying treatment may weaken the association between your injuries and the accident that caused them, making it easier for the opposing party to question whether your injuries were genuinely caused by the accident and not some other incident.

Failing to Document Evidence of Your Accident and Losses

Without compelling evidence, your insurance company or the party liable for your accident could claim there isn’t enough evidence to establish liability or substantiate your losses. You can document the accident and your losses by taking pictures of the accident scene, making copies of your medical records, and keeping track of expenses resulting from the accident, among other methods.

Missing the Deadline to File Your Claim

Missing the deadline to file your claim means forfeiting your right to recover damages. Every personal injury claim has a statute of limitations, giving people a deadline to file their lawsuit to pursue compensatory damages. 

In Texas, the statute of limitations for personal injury claims is generally two years from the date the cause of action accrues. Any claim submitted after this deadline will likely not be heard by the court.

Ignoring Your Physician’s Medical Advice

Ignoring your physician’s medical advice or failing to complete your treatment could be used against you by the opposing parties. They could attempt to claim your injuries are not that serious or that you shouldn’t be compensated for medical treatment that was not completed.

Overtreating your Injuries

You may be confident you will receive total compensation to cover your medical care for your accident injuries. However, attempting to obtain more treatment than what you need in an effort to increase your settlement may raise flags about your claim and cause you to receive less compensation than if you had acted fairly.

Protect Your Right to Fair Compensation With Reliable Legal Counsel

Filing a personal injury claim can be challenging, especially if you aren’t mindful of any of these factors along the way. Any of these mistakes could ultimately deprive you of your compensation, but they are mistakes many people have made before. Without proper guidance and legal counsel, you may be more likely to do something to invalidate your claim.

The sooner you speak with a lawyer from Mott & Moffett, the sooner we can positively impact the outcome of your case. Using knowledge gained from years of practicing, we aim to provide our clients with accurate legal advice that will help protect their rights. We are aggressive advocates who have secured millions in compensation for past clients and will fight for you to recover the damages you deserve, too. Call us at (888) 596-6582 or send in our contact form to set up your initial consultation.