What Happens If I Lose My Personal Injury Claim?

The fallout from a personal injury is often costly and emotionally draining. You are left wondering how you will afford the financial repercussions and what you should do to hold the at-fault party responsible. If you have concerns about the viability of your claim, the first step to finding answers to your questions is speaking with a personal injury attorney about the details of your case. They can help you better understand the value of your claim and the sufficiency of your evidence.

Potential Reasons You Could Lose Your Personal Injury Case

There is no way to ensure you win your case without a doubt, but there are specific elements that can harm your chances. For example:

• Downplaying the severity of your injuries in court to appear strong is not beneficial.
• Contributing to the cause of the accident often lessens the amount you receive, but it does not always render you immediately ineligible for compensation.
• Speculating during your testimony can be used against you.
• Keeping embarrassing information from your attorney inhibits their ability to provide adequate representation.
• Not providing sufficient evidence leaves holes in your claim, giving the defense an advantage.

One of the most common reasons victims lose in a personal injury case is the most easily avoided mistake: not filing the lawsuit before the statute of limitations runs out. Most states allow three years from the time of the accident to file. Delays caused by mistakes in paperwork can cause you to miss the cut-off. If you hire a personal injury attorney, they will handle all the necessary paperwork.

Strategies That Could Help You Win Your Personal Injury Case

If you are concerned about the ramifications of losing your personal injury claim, there are some strategies you can employ to help you win. Of course, no one can guarantee a win for you, but you can take steps to protect your rights. Consider the following:

• Avoid exaggerating when discussing your case. Being involved in a personal injury case can significantly affect your life. Naturally, you will want to discuss it, but going over it repeatedly can easily lead to tiny exaggerations in the details. Ideally, you would discuss the case with no one other than your attorney. You do not want to risk saying something the other party could use against you.
• Avoid oversharing the details of your case. Sometimes, even the truth could misrepresent your role in the accident. Avoid going into detail if you speak to anyone other than your attorney about the case. Instead, keep your explanation short and simple.
• Know when to accept a settlement. Most personal injury cases never make it to trial. The majority settle after the discovery phase when both sides disclose all their evidence. Talk to your attorney about the possibility of your case going to trial and what that could mean. If your attorney advises you to settle, it likely means they do not see a better option available in the future.
• Document every piece of evidence supporting your claim. The plaintiff in a personal injury case carries the entire burden of proof. You must provide evidence of the other party’s role in your accident and support your damages claim. Your attorney will investigate your accident to find relevant evidence, but you should also document anything pertaining to your case.
• Find an attorney you trust. Do the research and find an attorney you feel comfortable talking to about your case. A strong attorney/client relationship is beneficial to your lawsuit.
• Practice transparency with your attorney. Share everything with your attorney, even if you feel it could damage your case. Your lawyer represents you in the legal process. They cannot do that effectively without all the details of your accident and your role in it.
• Discuss the best and worst possible outcomes. Study cases similar to yours and discuss the precedent’s potential effect with your lawyer. Do not concern yourself with cases more than five years old. The most recent will be the most relevant.
• Maintain your composure and be patient. Personal injury lawsuits can take a long time. The investigation and discovery phases are often extensive, but it is typically for a good reason. Your attorney may need to wait on essential documents, such as medical records, that strengthen your case and improve your chance of receiving an adequate settlement. Keep yourself updated on your attorney’s actions and avoid making changes during negotiations.
• Avoid social media. Stay off social media entirely if you can. This includes discussing details of your case and over-documenting your life. The other party will monitor your social media presence. For example, if you claim a debilitating injury causing severe emotional distress, photographs of you having a night out with friends could be used against you.

Overall, maintaining a solid line of communication with your attorney and staying informed will help ease your anxieties about the case.

Advantages of Settling or Going to Trial

Your attorney will keep you updated on negotiation attempts during the legal process. Many factors could affect your need to settle rather than continue into the trial phase. For example, you receive compensation faster if you agree to a settlement. Additionally, you avoid the court costs that add to your legal fees. The trial process can be stressful. Therefore, it may be more beneficial for your mental health to come to a resolution as quickly as possible. Finally, going to trial does not guarantee a win, even with a strong case in your favor.

On the other hand, going to trial has some advantages. Sometimes, it is even unavoidable. For example, if the insurance company fails to offer a fair settlement, your attorney will assess the strength of your claim and potentially advise you to take your case to trial. In addition, receiving a decision from a judge or jury can give you a sense of closure. Finality is good for your mental health, allowing you to move on from the case knowing you received justice for your losses.

You also have a better chance of receiving a more significant award. Insurance companies rarely offer settlements equal to what you would receive if you won the case at trial. So if your attorney advises you to move on to the courtroom, it is likely because they see a strong potential for a win.

Why You Should Speak With an Attorney About Your Personal Injury Claim

As soon as you can, you should contact a personal injury attorney and relay the circumstances surrounding your claim. Personal injury attorneys dedicate their careers to holding defendants responsible for their negligent behavior. Typically, a personal injury attorney will immediately let you know whether you have a strong enough case to win. If they agree to represent you, they have faith in their ability to secure a settlement or award. Personal injury attorneys work on a contingency basis, meaning they do not charge upfront fees and will not receive payment for their services unless they manage to get compensation for you.

At Fielding Law, we understand the severity of personal injuries. However, you do not have to face those burdens alone. Allow our team of personal injury attorneys to help you build a strong case with sufficient evidence to support your claim and retrieve an adequate settlement. Contact our office for a free case evaluation. We are here to represent you and your best interests.