Have you recently lost a personal injury case? Maybe you are thinking of starting a lawsuit but you are afraid to lose, but there are ways you can increase your chances of success. One of these is to make sure you are not making any mistakes. There are certain things you should never do if you want to win. Keep reading to see what they are.

1. Misrepresentation

You must tell the truth about what happened. The opposing side can get lawsuits tossed if they prove someone lied about a material fact. One lie casts doubt on the rest of the case, and it is also illegal.

 2. Exaggerating the Injuries

There must be a provable injury to have standing in court. It is also required to be honest about the injuries you’ve received. If there is no injury or an exaggerated one, the whole case can get dismissed. 

Examples are when someone gets caught doing physical activity they shouldn’t be able to do. Defendants have hired private investigators to see if someone is truly injured. The investigator’s goal is to catch someone faking their injury on camera. Yard work photos have ruined many cases.

3. Contributory Negligence 

People are responsible for their actions. Failing to take reasonable precautions like looking both ways will weaken the case.

4. Social Media Posts 

Being wronged makes everyone want to vent. The worst place to do this is on social media. A good rule of thumb is anything posted on the internet can exist forever.

Other people show themselves doing exercise while they are claiming an injury. These pictures will work against them to show they must not have been suffering. 

All the opposition has to do is cast doubt. Avoid taking photos of yourself doing anything strenuous while your case is working.

5. Saying Too Much To Adjusters and Third Parties

Be very careful if you talk to an insurance adjuster. Their job is to try and find ways to get out of paying your claim.

Adjusters often try to make it seem like you must talk to them. This is not true for most states.

They want to talk to you so they can get you to trip up. An adjuster’s job is to save their insurance company from paying out claims. Anything you say will be used against you.

Your attorney and insurance agent should be the first people you talk to when you’re injured. They will help you keep your version of events short and simple. It is best to let them do all of the talking whenever possible.

6. Lack of Proof and Documentation

You must prove where it happened and who did it. Courts also want proof of the injuries you claimed, too.

Make sure to keep things like accident reports, police reports, and medical records. Take pictures and videos to document what happened. Write down the names and addresses of witnesses. 

Keep any communications you received from the other party. Make sure to write down what happened to make sure your story is straight. 

It is critical to keep a record of all the treatments you received. You also need to show you received consistent treatments, or it will cast doubt on your injury claim.

7. Having the Wrong Attorney

Personal injury laws are a changing field. Make sure you have an experienced attorney to represent you. They will be able to understand the legalese and fine print.

Get a personal injury lawyer with a good track record. Some people have lost cases because their lawyers didn’t submit paperwork on time.

8. Not Cooperating with Your Attorney

Some plaintiffs don’t get along with their attorneys. They ignore requests for info that the attorney needs. This makes building the case nearly impossible.

9. Waiting Too Long To Bring The Case

Most states have limits to how long you can bring a claim. Many states only give a few years. Those who wait too long will not be able to get their compensation.

 Final Thoughts On Why Personal Injury Cases Are Lost

Losing a personal injury case is preventable. Those who win avoided sharing too much with the wrong people. They cooperated with an experienced attorney to collect evidence to build their case. Those who didn’t were much more likely to lose.Please visit this website if you need more information about types of personal injury cases. Contacting a lawyer is always in your best interest after an accident, especially if you did not have legal representation when you lost your last case.

About the Author 

Kyle Hambright is a passionate writer proudly representing Pintas and Mullins Law Firm. He has focused his legal career on personal injury cases, and throughout his practice, Kyle has helped people from all walks of life. This determination transpires in his writings as well. His articles translate the complex web of legal jargon into accessible text. Readers not only gain a firm grasp on theory, but they also learn how to put it into practice.