What Could Cause a Personal Injury Lawsuit to Fail?

There are many situations in which you may want to file a personal injury lawsuit. You may have been seriously injured in a car accident, for example, resulting in huge medical expenses and loss of income as well as physical and mental suffering. 

If you can prove negligence, you may be able to be fully compensated for your losses but there are certain reasons why your personal injury lawsuit could fail. Here are some reasons why this could happen. 

Failing to Provide Adequate Proof 

Not only do you have to prove that the other person is at fault but the other side may deny that your injury occurred as a result of the accident or that it is not as serious as you claim. If you have personal injury lawyers to guide you through the steps after an accident, he or she is more likely to be able to prepare a solid case. 

If you don’t have a legal background, trying to go it alone and claim directly from an insurance company without legal representation can put your rights at risk. 

Insurance companies will often try to settle a claim directly with you and tell you that you will get a better settlement without having to pay legal fees. A personal injury lawyer has your interests at heart and will fight to ensure that you receive what you deserve. 

Loss of credibility

The defense in a personal injury lawsuit is there to make you appear less credible. A gap in the documentation or any steps can leave room for the defense to cast doubt. You have to support your claim with documentation. This could include medical records and other documents. 

Every time you incur an expense because of your accident, you should write it down and keep any receipts. A personal injury lawyer will be able to give you advice on what you can claim. 

Any delay in getting medical attention could send the message that your injuries are not as serious as you claim they are. Receiving immediate attention for your injuries should be a priority in terms of your own health. 

You have a legal obligation to take reasonable steps to prevent your injuries from getting worse, from whiplash to fractures, etc. You need to go for any recommended therapy, take medication and attend follow-up appointments. 

Lack of expert testimony

A personal injury case often relies on expert testimony. It is the best way to counteract any accusations made by the defense. An expert is able to tell the jury about your injury and the impact it has had on your life. 

Choosing the wrong lawyer

If you want to file a personal injury lawsuit, you need an experienced personal injury lawyer at your side who can guide you through the process. Unless the lawyer specializes in personal injury cases, you could receive ineffective representation. 

For example, some personal injury lawsuit claims are filed with inflated loss of future earnings and overstated pain and suffering claims. Impartial medical professionals legally qualified to present a competing analysis may result in such a claim being dismissed or certain items to be eliminated, resulting in a reduced amount of financial damages. 

Filing an appeal

You are able to file an appeal if you aren’t happy with a verdict. Even if you win your case, it may not be the end of a lawsuit because businesses or individuals may lack the funds to pay or refuse to pay. Your attorney will be able to advise you on what steps you need to take to collect your compensation.