When someone becomes injured due to another person’s negligent behavior, personal injury law allows them to seek legal recourse and compensation for their losses. Many injured victims assume that they can take on this process on their own. As they get involved, they quickly find themselves over their heads and realize they need the help of a personal injury lawyer.

While it is true that personal injury attorneys can more easily navigate the complexities of a case, it isn’t always easy. They face many challenges in their efforts to provide the best representation to their clients while fighting for the maximum compensation.

Take a look at the top five legal challenges personal injury lawyers are often faced with as they fight for justice for their clients.

1. Filing Lawsuits Within the Statute of Limitations

Under personal injury law, you have a certain amount of time to file a lawsuit against the other party, which is known as the statute of limitations. This time limit is different from the one set by the insurance company for filing an injury claim. 

Generally, injured victims will start by filing their claims with the at-fault party’s insurer. As the insurance company drags things out, it wastes the time allowed in the statute. In Colorado, the statute of limitations for most personal injury cases is two years from the date the accident happened. 

By the time victims realize they need legal help, a large portion of this time may have passed. That leaves an attorney with little time to take legal action by filing the complaint to start legal proceedings. In order to overcome this challenge, lawyers will check if any exceptions to the statute apply in the case. They will also use their resources to quickly investigate and gather evidence, often relying on technology to make it easier to sift through such large amounts of information.

2. Proving Negligence

As the injured party, you will have the burden of proof to show that the other party was negligent for them to be held liable. Proving negligence requires satisfying all four elements of negligence. If only one element can be met, you won’t have a case.

Victims who try to represent themselves often run into roadblocks and turn to a personal injury attorney for help. Your attorney will take over by finding evidence and using it to prove that the other party owed you a duty of care, breached that duty, that their negligent actions caused the accident, and that the accident they caused resulted in your injuries and damages.

3. Dealing with Insurance Companies

One of the biggest obstacles any personal injury lawyer will face when representing their clients is dealing with the insurance company. Insurance agencies are notorious for making things more difficult. When the injured party tries to file their claim, they may be immediately denied a settlement or tricked into a lower offer.

If you contact a personal injury lawyer immediately after you have been injured, they can take over all communications with the insurer. Lawyers know the tactics big insurance companies use to lower settlements or deny them completely. If you are becoming further stressed by the insurance company or they have offered you a settlement that is so low, it doesn’t fully cover the extent of the expenses you’ve incurred, you should contact a personal injury attorney right away.

4. Comparative Negligence Rules

The state of Colorado follows a modified comparative negligence rule that applies in many personal injury accident scenarios. While you can still recover damages in an accident if you were found to be partially at fault, you must be less than 50% at fault. 

If you are found to be 50% or more at fault, this will bar you from seeking compensation for your injuries. Insurance companies know this and they train their adjusters to ask leading questions designed to trap you into saying something that could be manipulated into an admission of fault.

When you are being blamed for an accident you didn’t cause or being assigned more fault than is deserved, a personal injury attorney can fight back. They can bring in expert witnesses and get the surveillance or traffic camera footage that proves your level of fault or lack thereof. If you are partially blamed, your compensation would be reduced by that percentage, and it isn’t fair if you were not at fault and are stuck paying for medical bills, sinking further into debt, and suffering emotional effects from your injuries. 

5. Negotiating to Get a Fair Settlement

When you try to handle your injury claim, insurance agents will usually tell you that you don’t need an attorney. It’s another ploy to keep their profits up as they know you will not have the legal background to understand the worth of your case.

A personal injury lawyer will know how to calculate the extent of your damages. You may have only considered the medical bills you’ve already incurred, but what about the need for future medical care? The injuries you’ve sustained may require you to undergo several surgeries to correct the damage, and if you settle before knowing the extent of your medical costs, your settlement will not be sufficient.

There are many other things that you may have to claim as damages from the injuries this negligent person caused you. Your attorney will calculate all of the economic damages of your tangible losses and your non-economic damages, then negotiate to get you the full amount you deserve.

In short, having a personal injury lawyer representing you from the start of your case will prevent major issues. It will also help you handle any challenges that occur during this process, allowing you to take the time you need to heal from your injuries and improve your chances of receiving a proper settlement.