Personal injury lawsuits happen all the time. If you have the right representation and the law is on your side, then you can easily win the lawsuit. One woman from Arizona, for instance, filed a lawsuit against God – which she actually won, as a result of God not showing up to Court. Other people have “earthly” cases, where they were definitely in the right, and still lost.
What can make a case go wrong, and is there any way for you to prevent this? What are the usual reasons why people lose their lawsuits? Well, read on and find out.
1. You Didn’t Get a Lawyer
A personal injury case is usually quite complex, and its rapidly changing nature can make your case go downhill quite fast. If you do not have the eye to catch the critical nuances on time and you are not very familiar with the law, you can easily lose your case. However, if you hire a personal injury lawyer, they will be able to catch these things.
2. You Got the Wrong Lawyer
If you got a lawyer and you still lost, perhaps you got the wrong one. Not every lawyer is the same. Many people make the mistake of hiring internationally-renowned lawyers – but while they may be the best in their area of practice, they might not excel in other areas.
Let’s say that you live in Monterrey, California – you’ll need to hire Monterey personal injury lawyers, not someone who practices in another city or state. A Florida lawyer, for example, may not be as familiar with the specific laws of California, unless they practiced there.
3. You Didn’t Have Enough Proof
You may know that you were in the right, but the jury may not know you. For your case to go smoothly, they need solid proof, probability, not just the possibility of something happening. You will need pictures, medical records, police reports, surveillance tapes – anything that can prove your case. If you fail to bring them, even a rightful case may fall.
4. You Made Social Media Posts
While it may be tempting to post on social media, the wrong posts can cause your lawsuit to backfire. In 2016, a man named Christopher Clinton lost a personal injury lawsuit after he posted pictures of him rock climbing and practicing outdoor adventure sports.
So, even if you were in the right, the insurance company may claim that if you were fine enough to do high-intensity sports, then you weren’t really injured.
5. You Forgot Some Details
If you file a lawsuit a long time after the incident, you may no longer remember some important aspects. You can no longer recall the details, and as a result, you cannot find proof to support your claims. In the long run, this can significantly affect your personal injury lawsuit.
6. You Were Guilty
This might be obvious, but if you lost your personal injury lawsuit, it might be because you were at fault there. While the one you just sued may have their own part of the blame, you have yours as well. If most of the blame goes onto the sued party, you may be able to obtain a settlement. However, if you are mostly to blame, then you may lose your lawsuit.
7. You Failed to File on Time
Each state will have its own deadline for filing a lawsuit. In California, for instance, you will have only two years to file a personal injury lawsuit. After that, personal injury attorneys may no longer be able to take you. There are, indeed, some exceptions – but unless you file within that statute of limitations, you might lose your personal injury case.
8. Your Statements Were Inconsistent
Sometimes, someone filing a personal injury claim may feel like they need to answer all the questions an officer asks, even if they are not very sure of the answer. Over time, they might forget the answers they gave at first, and offer inconsistent answers in order to appear persuasive.
Sometimes, it might be better not to give any statement at all rather than tell a lie to make yourself look good. If it comes to light that your statements were not exactly consistent, it might cause you to lose your case.
The Bottom Line
Personal injury cases may be lost, even if you were not the one at fault. It may be because you were partially at fault, or simply because you were inattentive. This is why you need to work closely with your personal injury lawyer, to ensure that you built a solid case.
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