After you’re injured in a car accident, slip and fall, or in some other way because of the negligence of another person, you can file a personal injury claim. Even if the other party was negligent, which is the ultimate basis for a personal injury claim, you may not come out on top.
It is certainly possible to lose a personal injury claim. But with the help of a personal injury lawyer, you’ll have a better chance of winning, but it isn’t always a guarantee. If the case goes to court, the judge or jury may not take your side.
Here are a few reasons why plaintiffs lose a personal injury claim.
Waiting Too Long to File
Personal injury cases in Florida have a statute of limitations set at 4 years from the date of the injury. Waiting too long to file results in being unable to hold the at-fault party liable for damages. Certain types of cases may have a shorter filing time but waiting too long to file a claim can ruin a case. Evidence and memories don’t hold up over time, and the sooner you file, the better the outcome may be.
Failing to Disclose Pre-Existing Conditions
Insurance companies will jump at the chance to claim that a plaintiff didn’t disclose a pre-existing injury. If you hide or minimize any pre-existing condition, it could cost you your personal injury claim.
Lack of Sufficient Evidence
The plaintiff is the injured party in a personal injury case and the one who bears the burden of proof that the other party is liable for the accident. You must first prove they owed you a duty of care, that they breached this duty, that the breach of duty caused your injuries, and you suffered damages because of this.
If you can’t prove the other party was negligent, you will lose your case. Additionally, if you cannot present documentation that shows the damages you suffered, you won’t get adequate compensation.
Exaggeration of Injuries
Some plaintiffs believe they can exaggerate their injuries to secure higher compensation. The truth will come out, usually by the defendant’s attorney, who will be checking social media for any relevant posts. If you post photos of yourself skiing on your vacation while claiming to have injuries that have left you disabled, you will lose your personal injury claim.
You Have Greater Liability For The Accident
In a pure comparative negligence state, you may be assigned a portion of the blame for the accident. This may reduce your compensation award if expert witnesses find the fault was mostly yours.
Not Hiring a Personal Injury Lawyer
You don’t always need a lawyer for a personal injury claim. Hiring an attorney doesn’t guarantee you’ll win; however, you’ll be more likely to get the results you want if you do. A personal injury attorney has a thorough knowledge of the law and will know how much your damages are worth. Besides, the insurance companies have litigation teams, so things will go more smoothly if you have a lawyer to stand up to them.