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5 Reasons A Personal Injury Case Is Lost


A personal injury case that goes to court is all about ensuring that people get the compensation they deserve for being victims of circumstance. If the negligence of someone else, such as a careless, or even drunk driver, for example, causes injuries to people who were following traffic law, that’s not the fault of the victims.

However, if the people responsible disagree with that assessment and try to evade liability, that’s when the disagreement must be settled in a court of law. It’s a jury that is responsible at this point for deciding whether a person really is a victim and deserves compensation, or whether that person is not a victim and deserves no help.

So why would a victim that is fighting for compensation be denied that financial support for recovery? Here are five reasons why accident victims can still lose a case, even if they are in the right.

Lack Of/Improper Documentation

When a case goes to court, there is one overriding principle; the evidence is everything. The more evidence that can be produced, the stronger an argument is, the more likely a case is to be won. Similarly, a lack of evidence can be fatal to a case, even if the victim is in the right. Documentation is one of those areas that can make or break a case.

Consistency matters a lot. And the proof is often in the “black and white” of police reports, medical reports, and other documents. If, for example, a person is injured severely, but doesn’t go to a doctor, or for whatever rea-son abstains from securing a medical report, being unable to produce this in court will hurt the chances of a win. Documents are considered crucial evidence in trials, and a lack of them leads to a loss.

Downplaying Or Minimizing

There’s a specific American tradition of ruggedness, toughness, and wanting to appear strong in front of others. However, this need to cover up weakness can potentially lose a case in court, especially if you’re suing for a severe injury.
Telling others—or worse yet, a medical professional that is writing everything down in a report—that your injuries are “not that bad,” and you’re “doing pretty well,” then turning around and suing in court for serious injuries creates an inconsistency, and that does poorly in a court of law.

If you’re telling a court that you’re seriously injured and require compensation, but friends and even medical professionals are reporting that you’ve said “It’s not too bad, actually,” that won’t necessarily be interpreted as you putting on a brave face, and may instead be treated as deception, which will quickly get a case lost.

Misrepresentation

This is the ugly side of personal injury cases, but it’s one reason why professionals such as insurance adjusters and investigators exist. Compensation for personal injuries strives to help people recover, but some view this as “free money” if they win the case.

As such, some people may feel tempted to do the opposite of downplaying or minimizing. Instead, they may make a case out to be worse than it is, in an attempt to get more money. This may sometimes be as simple as pretending to have whiplash when that condition isn’t at play or exaggerating an injury to secure a higher pay-out. However, this is fraud, and, if discovered, insurance fraud is a criminal act with attendant criminal charges.

Social Media

In the same vein as misrepresentation, social media is, increasingly, playing a larger role in people losing court cases where honesty may be in question. For example, reporting to a doctor that you feel a lot of pain and loss of mobility, and then taking a photo of yourself working out on a gym machine runs in direct contradiction to what you told a doctor and what was written on a medical report.

Social media has increasingly been used as evidence in court that people’s injuries are not at the scale they claim. Even without photos and videos, if a person in real life claims they are suffering, but in social media consistently remarks how good they are feeling, this is a huge inconsistency that can jeopardize a victory in court.

No Representation

One of the most critical errors a person can make in undertaking a personal injury lawsuit is to do it alone and forego legal expertise. American law is extremely complex, bureaucratic, and process-intensive. Missing a step anywhere in the process can potentially result in a case being unwinnable.
People always have the right to represent themselves in court if they wish.

However, doing so is like electing to conduct surgery on yourself with no medical training. If you want to win something as complex as personal in-jury litigation, you need experienced legal advocates to guide you through a long, grueling, and elaborate pro-cess. Talk to a personal injury lawyer about your problem and get the right kind of help for your desired out-come.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

5 Reasons A Personal Injury Case Is Lost

Goldman Babboni Fernandez
Murphy & Walsh




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