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Five Reasons Why You Lost Your Personal Injury Case

by Olufisayo
Personal Injury Case

Almost anyone can file a personal injury claim, but winning a case is a different story. Many people depend on the money from their case to recover from their injuries, but not all get the financial support they need. With an average per capita income of $30,109, many Broward County residents struggle with accident-related expenses. To make sure you don’t damage your case, avoid making these five mistakes that often lead to people losing their personal injury claims.

1. Lack of Expert Testimony

If you don’t have any experts to testify on your behalf, your case may not be strong enough to win. You need experts to explain that the incident meets the requirements for negligence. Without an expert, the court has no reason to believe your claims.

For instance, an expert might be able to testify that an accident could only have been caused by a speeding driver. In making this statement to the court, they’re showing that negligence was the main cause of the accident.

2. There was an Assumption of Risk

At times, people participate in activities that come with an assumption of risk. Consider this example. A family decides to attend a baseball game and one person is hit with a stray foul ball. In attending the game, the individual knew that there was a risk of being hit by a ball. Seeking compensation for the injury caused by the ball might be unsuccessful.

Other activities that come with an assumption of risk include skydiving, paragliding, and riding on a rollercoaster. While participants are entitled to a certain degree of safety, they are taking a known risk in participating.

3. Lack of Evidence

Although the burden of proof in a civil lawsuit is less than the burden in a criminal case, there must be some evidence to support the plaintiff’s claims. If there isn’t enough evidence, the court will dismiss the case.

Fortunately, your attorney can take on the task of collecting evidence. They may look at the police report, interview witnesses, and take pictures of the scene of the accident. All of your medical records can also be used as evidence.

4. No Credibility

Even if you have evidence to support your claim of negligence, you need credibility. Your character matters, so you should be honest and specific when you address the court. If you attempt to exaggerate your injuries or lie about the cause of the accident, your case is unlikely to succeed.

Often, the opposing counsel uses the victim’s words against them. To avoid this, only speak when necessary. Keep your statements short and honest, and speak with your attorney before saying anything.

5. Not Hiring a Lawyer

Out of all of the mistakes that can destroy your case, failing to hire an attorney may be the most detrimental. A personal injury case is a legal matter that should only be handled by an experienced professional. If you attempt to navigate the matter without an attorney, you could make a mistake or misunderstand the law.

Because most personal injury cases involve insurance companies, your opposing counsel is likely to have industry-specific experience and a wealth of resources. Unless you are an accomplished attorney, you don’t stand much of a chance against a large team of lawyers.

To improve your chances of success, hire a lawyer who has specific experience with cases like yours. Additionally, you should hire someone as soon as possible. The longer you wait, the more evidence deteriorates. If you’re ready to get started, contact https://www.yourfightourbattle.com/.

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