Even though things may seem easy, winning a personal injury case is never as simple as explaining your side, how you feel and what you expect to happen next.
Many times, people enter the personal injury lawsuit with a skewed sense of what will happen. This can lead to claims that are thrown out entirely or, if they’re lucky, given only a fraction of the compensation they should receive. If you have been wondering what might cause you to lose a personal injury lawsuit, you have come to the right place.
In the following article we will take a look at some of the things that many lost personal injury cases have in common, to help you avoid the mistakes that sink many valid claims.
At a fundamental level, a personal injury lawsuit is a bureaucratic process. It involves working with a court to make sure that everything has been filed correctly, within the proper time frames, and with due process. Only then can matters be brought to negotiations where things can go back and forth for some time.
During this process there will be many different pitfalls that can throw the claim off course or damage the future of your legal process for that claim. For example, you may be presented with a document and asked to sign on the bottom line, completely unaware that this will waive all rights to make future claims, take responsibility for certain situations, or something similar. Without the full knowledge of how the legal system works, it is easy to make a decision that can void your claim. This is why having an attorney on your side is such an important part of protecting your rights as you make progress to the compensation you deserve.
An experienced Nevada personal injury lawyer has seen all the ploys the opposition may try to throw at you, and will be able to advise you on how to protect your interests. Actually, the very fact that you have professional legal counsel at your side will discourage the opposition from pushing their luck with underhanded moves. Furthermore, it will show the courts how serious you are about getting compensation.
It is very rare that accidents that cause injury are the fault of one person alone. As a general rule, there will be some division of responsibility. If the final division shows that the injured party is either as responsible or more responsible than the defendant, there will be no chance for them to collect compensation. This is because of Nevada’s contributory negligence laws.
But, even in the case where the defendant is more responsible for the injuries than the injured party, the difference between 75% responsible and 65% responsible is considerable. This will greatly affect the value of the case and the compensation you can expect to receive. A personal injury lawyer will be able to help you push these terms in your favor and can make all the difference to the amount of compensation you can recover from the incident.
It is easy to assume that your personal injury case is time to strike it rich or bring down vengeance on those who have done wrong, but this is not really the case. As a matter of fact, this type of thinking can be a big mistake when approaching the claims process, especially if you have not retained qualified representation.
Fraudulent behavior can bring serious consequences and even have the case thrown out and may even result in criminal charges. Even something as small and seemingly innocuous as claiming back pains are worse than they really are can have severe consequences. This is where an experienced legal professional can help you come up with a winning strategy to get the full compensation you deserve. This will ensure that misrepresentation is not a problem for you.
Because mobile devices are a ubiquitous part of our society, there are cameras everywhere. It is a common practice to record and comment on just about every aspect of your life from the snacks you are eating to the thoughts running through your head. This is all fun and games until the opposition uses something you said or posted as evidence to refute your claim.
It would be a shame to have your case thrown out because you posted some pictures of your big summer vacation before the settlement had been concluded. Even a few posts on Twitter that express how great you are feeling can show that your claim is not as severe as you said it was.
Lack of Documentation
It is essential to be especially cautious and meticulous about gathering every shred of evidence in an incident that leaves you injured. One of the most important first steps will be to call the police and have a police report taken. This important document places an official time stamp on the incident. Furthermore, the police are a credible source of information in a case and their testimony carries a lot of weight when it comes time to negotiate or take the matter to court.
It is also a good idea to keep a close documentation and record of your feelings and experiences from day-to-day. This will allow for a detailed view of how your life has been impacted by the injuries. For example, if you were unable to lift yourself from bed a few times in a week and had other painful experiences that resulted from the accident, the details will paint a cohesive picture that will properly narrate your condition. Furthermore, you will need to consider that there could be a statute of limitations that sets time frames for your injury and this is why seeking legal aid is a good idea.
Speculation and Misstatements
You will at some point be placed in contact with the claims adjuster. Getting too chatty and friendly with this professional can poke a big hole in the case. This is not the person with whom you want to speculate with or whom you can talk freely about the details of the case. For example, if you feel that your case has the grounds to seek compensation for malice, you will want to discuss this with your layer. Remember that this person has a single job: to minimize or cancel all payments to your case altogether.
So, only speak what you know to be true. Better yet, if you are not sure what to say, say nothing at all. You can always decline comment and ask the adjuster to contact your legal advisor. It is far better to slow the process to a dead halt than to rush things and ruin your chances of recovering compensation. When it comes to personal injury cases, your personal injury lawyer will be able to handle all these details far more effectively than you would be able to.
Contact an Attorney at Nettles Morris for Help With Your Personal Injury Case
If you have been hurt or injured in an accident that is the fault of someone else’s negligence, you will have many questions about what to do or how to go about getting your compensation. There is really only one person who you can count on for precise information that will protect your interests and that is your personal injury lawyer. Don’t make the mistake of trying to go it alone as there are simply too many ways that this can go wrong. The best thing to do is exercise the utmost caution and retain the services of a local personal injury law firm.
Call Nettles Morris today and set up your free consultation with a qualified legal professional. Without our help you run the risk of losing the case over a simple technicality or any of the reasons mentioned above. Our personal injury attorneys can provide guidance and help you get the full compensation you are entitled to.