You were sure the circumstances of your car accident were solidly in your favor. Your friends and family agreed. Everyone said your personal injury case was a slam-dunk win for you. So why did you lose?
Every case is different. For this reason, outcomes are also different. Here are some common reasons that cases are unsuccessful and how to avoid similar pitfalls moving forward.
Reasons Why You Lost Your Case
Here are some of the top reasons why a claim might not produce the results you were hoping for:
- You didn’t hire a lawyer: You have the right to represent yourself. However, there are many formalities that must be followed when filing a legal claim. An attorney can ensure that all procedures are followed and that your rights are enforced.
- Lost credibility: There may have been contradictions in your statements or actions that enabled the other side to successfully cast doubt on your honesty.
- Weak evidence: Negligence claims must be well-supported with evidence that backs up your claims and can’t be picked apart by the defense.
- Lapses in judgment: Did you post pictures of yourself swimming on social media when you should have been resting your injured shoulder? This type of evidence can undermine your injury claim.
- Poor preparation: Cases must be organized and presented strategically. You need to shine a light on the merits of the case, anticipate challenges and how to respond to them, and downplay any weaknesses. Otherwise, you give ammunition for the other side to use against you.
There are many factors that could also have made your case difficult to win or to resolve to your best advantage. Examples include:
- Talking with an insurance adjuster before talking to a personal injury attorney
- Waiting too long to seek medical attention
- Whether you were assigned a correct portion of fault
- What you said to the insurance company
- What information you allowed the insurer to collect
- Whether you minimized or exaggerated your injuries
- Trying to hide past injuries, accidents, and/or criminal record
Can I Reopen a Personal Injury Claim in California?
A settlement agreement remains open until you sign it. This means that you may still have an opportunity to explore a new legal avenue. For instance, if you’ve discovered that faulty equipment was a factor in your accident, you can continue to litigate your case.
Signing makes things more difficult.
If you signed the settlement agreement but it didn’t include a release of liability, you also have the opportunity to continue negotiations. In both instances, you should discuss the case with an experienced California personal injury lawyer before proceeding.
Pasadena Personal Injury Attorney – Law Offices of Pius Joseph
How You Can Win Your Personal Injury Case in the Future
If you’re unable to take further legal action in your case, you can still learn what to do in the unfortunate event that you have to file a personal injury claim in the future.
After an accident, you should always seek medical attention. Seeing a doctor makes sure that you get appropriate treatment and creates a link between your accident and injuries.
Next, contact a personal injury lawyer. An attorney can alert the insurance company for you, place an accurate value on your case, and take all necessary steps to pursue the maximum compensation possible for you.
Not Sure of Your Options? Contact the Law Offices of Pius Joseph Today
If you’ve been hurt in California, it’s in your best interest to learn your legal options — especially if you believe that your case isn’t fully closed. Schedule a free consultation with Pasadena personal injury lawyer Pius Joseph.