There are many potential missteps in your personal injury case that can cost you. Whether you don’t take the proper precautions early on, or you’re found to have contributed to the injury in some way, a lot of things can cause you to lose your personal injury case and miss out on the settlement you deserve.
Read our 5 ways to lose a personal injury case and how to avoid them, so you can be prepared and walk away with the damages you need to recover.
1. No Expert Testimony
Negligence can be hard to prove in some situations, which is why you always want to rely on expert witness testimony to help your case. If you can’t connect the cause of the accident or injury to negligence on the part of the defendant, you won’t have a strong case.
Gather all the expert witnesses you need to make a strong, solid claim of negligence and come out ahead.
2. Assumption of Risk/Contributory Negligence
There are two common defenses to negligence that can cost you your case. If you knew the activity you were engaging in was risky or dangerous, but you chose to do it anyway, this is assumption of risk and puts the blame on you.
If you were negligent and that contributed to your accident or injury, this is known as contributory negligence and relieves the defendant of their own negligence.
It’s important to discuss any potential assumption of risk or contributory negligence with your personal injury attorney, so they can be prepared to represent you.
3. No Evidence
When you’re involved in an injury or accident, it can be scary or frustrating, but it’s important to remain calm and take the necessary steps to protect yourself. Gather witness contact information, take photographs, write down any descriptions, license plate numbers, or other information that may be usual. You should also file a police or HR report, when applicable, and seek medical attention immediately to have a thorough documentation of your injuries.
Without evidence, it is much harder for your attorney to prove your case and it could cost you.
4. Lack of Credibility
Character is an important part of a personal injury case. Be sure to provide accurate and truthful information, especially to your personal injury attorney, your doctor, and your insurance company. If you misrepresent yourself at any point, it could come back later to ruin your credibility and your case.
5. No Personal Injury Attorney
Even at the early stages of an accident or injury, you should consult with a personal injury attorney. They can advise you on your situation, even if you don’t ultimately file a claim, and ensure that you’re doing everything properly so you have a strong case if you do.
Contact the Gruber Law Group
If you’ve been injured in an accident, get the information you need to have a strong case by contacting the Gruber Law Group. We personally handle all our injury cases, so we can give you advice and guidance unique to your situation. Contact us today for your consultation!
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