Being a plaintiff in a personal injury case isn’t always the best feeling in the world. Suffering from injuries and trying to prove the other party’s liability, all while aiming to receive proper compensation for all the damages that have been sustained. However, losing a personal injury case is not difficult especially if you are not armed with the right information, and do not know what the next best steps are.
From being a contributory factor to the accident, to the failure and inability to produce legal requirements, there are various ways that your personal injury claim can be a bust in court.
1. Lack of expert testimony. Oftentimes, both parties involved would need to bring an expert witness testimony to be able to prove that the defendant’s negligence caused the accident on the plaintiff. In one instance, a man sued a shopping establishment because his daughter was injured on the escalator. However, his failure to provide an expert testimony proved to be detrimental, and resulted in the man losing the case.
2. Contributory negligence and the assumption of risk. Personal injury lawsuits lose their power if it was found that the plaintiff assumed the risk of an accident possibly happening, but proceeding anyway. This is known as Assumption of Risk. Contributory Negligence on the other hand, is when the plaintiff is partly responsible for causing the injuries he or she sustained.
3. Lack of proof. Evidences and proof make any case strong, and the lack of it weakens the claim. If injuries were sustained and the case isn’t tried until after months, then it is possible that the injuries are already healed, making it less likely to claim for damages when there is no evident proof that the injury was present. Always take pictures of damages, collect and keep police reports, medical records, as well as witnesses’ contact information to ensure that the case is well backed up.
4. Lack of credibility. The plaintiff’s character is also being considered when he or she files a personal injury case. Any information provided should always be accurate and complete. Misrepresenting injuries and damages to physical property is a surefire way to lose credibility in a case. If in doubt, always seek to consult an attorney before making any statements or taking any actions regarding the case.
5. No personal injury attorney present. It is not always necessary, but the benefits of getting a personal injury lawyer to represent the case outweigh the cost and risks. Lawyers help take the burden off of the plaintiff’s shoulders, representing the client in matters where the client is not really required. Lawsuits eat up time and effort, and a recovering plaintiff may not exactly have all the time in the world to attend to the needs of the case. Furthermore, lawyers are able to provide sound, rational guidance on how to approach cases to ensure the maximum chances of winning.
You don’t need to worry about losing your personal injury case if you are within the care of W.T. Johnson. Our lawyers are experienced in handling different kinds of cases and have been winning them for many years. Call us to talk to an expert.