Personal injury cases can look pretty simple on their face. But the reality is that there are a lot of nuances involved with one of these claims, and a single misstep can jeopardize your case. With that in mind, it might be helpful to look at some of the most common reasons why personal injury cases are lost or recoveries are diminished so that you and your attorney can work to avoid them.
- Contributory fault: Even if you succeed in imposing liability, your recovery can be drastically reduced if you’re found to be at fault. If too much blame is placed on you, then your claim and your recovery can be devastated.
- Exaggerations: You need to be open and honest with your attorney, the court, and any jurors who are assessing your case. If you inflate your damages or exaggerate events leading up to your accident, then you’ll lose credibility. Your case could suffer as a result.
- Social media posts: Social media oftentimes portrays the best parts of our lives. Therefore, it can give a false sense of reality. This can work against you in a personal injury case where your social media posts may not appear to align with the extensive pain and suffering that you’re claiming.
- Minimizing your damages: On the other end of the spectrum, you shouldn’t downplay the harm that has been caused to you, as this could lead to a diminished or even a denied recovery. Instead, work to be realistic about your injuries and how they’ve affected your life.
- Lack of documentation: When proving both liability and damages, you’re going to need evidence on your side. Documentation such as police reports and medical records can go a long way toward helping you here.
- Speculating: Again, you want to be truthful as you pursue your claim. If you speculate or make misstatements, then you may end up seeming to contradict yourself. This can lead to a denied claim or a drastically reduced recovery.
- Lack of preparation: If you want to maximize your chances of succeeding in your personal injury claim, then you need to be fully prepared going into it. This means gathering the documentary and testimonial evidence that you need, understanding how the law applies to your set of circumstances, and anticipating the defense’s arguments.
- Waiting too long: Your claim is subjected to a statute of limitations, which means that you have to file your claim within a certain period of time or it’s barred altogether. So, don’t hesitate. Now is the time to start talking about taking legal action.
- Trying to hide pre-exiting conditions: If you had an injury that pre-existed your accident, then you may be able to argue that your condition was exacerbated by the wreck. But don’t try to attribute your entire injury to your car accident when that isn’t the case. Doing so will likely be caught, and it can destroy your credibility with the judge and jury.
- Foregoing a qualified attorney: If you want to maximize your chances of winning your case, then you need a strong advocate on your side. Don’t put your claim at risk by trying to represent yourself or going with your cheapest option.
Don’t fall into these pitfalls
There are a lot of mistakes that can be made during the personal injury claim process. That’s why it might be best for you to work with a legal advocate who can help you maneuver around these obstacles and build the strong legal arguments that you need to position yourself for success. If that sounds like something that you want on your side, then consider reaching out to an attorney to discuss your circumstances.