A personal injury lawsuit is a legal pathway that a person takes due to suffering from an injury or accident caused by another person, employer, or a party.
It is advised that you take legal help to win such a lawsuit. It is an ill choice to take on the opposing person or people, the insurance company, and the lawyer or legal team all by yourself. A personal injury claim is not as simple as presenting a statement in court and telling the judge and jury how you feel and how much damage you are claiming.
People who go into a lawsuit with serious misconceptions and false expectations lose the case or have it settled at unfavorable terms. Some of the reasons why people lose personal injury lawsuits are listed below. So, without further ado, let us get straight to the topic.
Table of Contents
⦁ Lack of A Legal Team or Attorney
A legal team or an attorney has a better understanding of the legal and formal proceedings of the court. You need to understand that a personal injury claim has a lot of formality and paperwork.
In addition, the method of negotiation for a settlement and how far you can and should push the other party are well understood by professionals who have been doing it for years.
Their experience helps them devise a better strategy about anything and everything that might arise from cross-examination, primary or secondary evidence, and even negotiation for a settlement.
For example, a person suffering from mesothelioma has every right to file an asbestos lawsuit, and a legal team should be hired to effectively take your case forward. As this is a complex legal case, you can’t do it yourself. If you don’t hire a legal team or at least an attorney, then your chances of winning the case against a big manufacturer with a panel of legal consultants at its disposal are slim to none.
⦁ Misrepresentation In Court
Make sure that you remain truthful throughout the entire lawsuit. Whatever you say or document in court for the personal injury claim must be completely true and be backed by evidence and facts. It is essential as the opposing side can get your lawsuit dismissed if they find any lies. Or the court might even issue sanctions against you if you lie after taking the oath.
Misrepresentation of facts or exaggerating the truth can be fatal and might even result in your case being dismissed.
⦁ Social Media Use
Social media is a great way to share your happenings in your life. You can post about the different aspects of your life and connect with your friends and family. However, this platform is the easiest to track down. The opposing attorney can easily extract information from it to use in court, making your injury claim more complicated.
Everything you say or do on your social media accounts can act as evidence or an alibi in court. The other side might go as far as to print your posts and stories and present them in court.
Any post that might contradict your claim of sustaining an injury can make you lose your case. Anything that might act as a contributing factor to you getting that injury might also act against you.
For instance, if you are claiming damages for a car accident but you have a very active party lifestyle that extends to hours upon hours of partying and drinking, then the opposition’s lawyer might pin it on you and claim that your partying lifestyle is the reason you got into the accident rather than the opposition’s client’s irresponsible driving.
⦁ Absence of Documentation
Documentation is an essential part of a personal injury lawsuit. You need it to act as an alibi regarding how, when, where, and who questions. They help you claim that you have a solid case in front of others.
Anything like medical reports, receipts, police reports, photographs, forensic reports, medical records, etc., are needed for the lawsuit. Moreover, try keeping a journal of your feelings post the injury or accident and have your doctor act as a witness. With all this documentation, you can easily present your damages claim in court with it acting as evidence.
If you don’t have solid documentation of evidence, rest assured that there are high chances you will lose the case and don’t get the required compensation you require to ensure you get the best medical treatment for your injury.
Work with your attorney and make solid documentation to be presented to the court at the hearing.
⦁ Falsified Tax Returns and Income Statements
You can sometimes claim damages based on your income statements and tax returns. When they have been falsified to understate your income, it can be a real challenge to get the compensation you deserve.
For example, if you earn 1,000 USD a week, but you’ve stated in your tax returns that your weekly wage is 500 USD, then the wages that you lose while being injured and unable to work cannot be claimed fully by the defendant. So, make sure that your tax returns have been filed properly.
You might lose the case if the court finds out that you have forged your tax returns and avoided paying the full tax amount.
⦁ Be Honest With Your Attorney
Tell your attorney everything. They should know everything from past accidents, medical history, traffic violations, and previous jobs. If you hide any such information from the attorney, they might have no response when the opposition comes forward with something that might hamper the case.
They’ll be stunned, which might result in you losing your case. Being honest with your legal representative is extremely important, as you are a team.
Losing a personal injury lawsuit is preventable; you might even be able to claim damages more than you had expected. Make sure that you work with your attorney or legal team and win the case. Be cooperative with your legal advisor and answer all their questions truthfully. Help them gather the evidence and other necessary details that you can use against your opponent.