7 Things That Could Cause You to Lose Your Personal Injury Case in New York
The entire process of pursuing a personal injury claim isn’t straightforward. Unfortunately, it’s not as easy as making a statement of what happened, showing how you feel, or coming up with your compensation for resulting damages. It’s common for a lot of personal injury victims to go into the process having misconceptions that can lead to their case being dismissed or having to settle for less than ideal terms. Are you wondering what happens when you lose an accident lawsuit or other kinds of personal injury cases? Below, we will be going over some of the reasons you can lose your personal injury case and how to avoid making the same mistakes on your own effectively.
If you’ve been injured in an accident, call and speak with one of our personal injury attorneys in New York today.
Common Reasons to Lose Your Personal Injury Case in New York
Not Having Legal Representation
The entire process for filing and winning a personal injury claim is entirely bureaucratic. Because of the amount of paperwork involved and because it involves working closely with the court, the process can involve a lot of back and forth efforts among both parties.
Thus, if you are not entirely experienced at the process involved, you will likely find yourself in a situation where you have to sign paperwork or even agree to terms that you may not fully comprehend. This can include the paperwork that would negate your ability to make claims in the future or even admitting to wrongdoing on your own. Thus, if you aren’t professionally represented by legal counsel, you may find yourself unable to determine the right way to move forward. This can cause a lot of issues with your case and your ability to win the compensation you deserve. That is why you want to have legal representation to ensure that you are able to protect your rights as best possible.
Not very many injury claims have one party judged as 100% at fault. Usually, the responsibility will be split into two different parties. When it comes to negligence, New York follows the principle of comparative negligence. That means the amount of compensation awarded will be affected by the injured party’s percentage of fault. Different states use different negligence models, so it’s important to speak with a local personal injury attorney who knows the law.
Even in cases where the defendant is held to a higher degree of accountability, there is a major difference between being held at a 60% responsibility than a 75% responsibility as far as compensation is concerned. Despite being the only injured person in an accident doesn’t automatically negate your responsibility/fault. Therefore, you should be speaking directly with a personal injury attorney who can help you figure out whether or not you have a high degree of responsibility in the accident.
It can be very easy to assume that an injury claim is a chance to score a big win in your favor or to bring justice to those who caused the accident, but this can be a bad mindset to have. This is especially true if you lack legal representation.
Behaving a certain way can end up causing a complete dismissal of your claim, and it can even lead to counterclaims or criminal charges. Even something as small as saying your back injury is much worse than it really is can bring swift action, which can lead to the reverse outcome that you intended. By choosing a professional to represent you, it will ensure that you are taking the right approach and legal strategy to receive the compensation that you rightfully deserve.
Due to the importance social media plays in our lives, you may make the mistake of posting things on various platforms that you shouldn’t. It’s essential to be aware of how social media can be used against you in the court of law.
No one wants to have their case dismissed because they posted about a trip they just took prior to their settlement being completed. Even a post about how much better you are feeling on a popular social media account can end up causing your case to get dismissed.
Lack of Documentation
It is imperative to be as thorough as possible when you are documenting anything and everything related to the accident that led to you getting injured. You want to follow a foolproof method of documentation and have a paper trail that you can use. First, you should be contacting the police and filing a report. This will give you the time of the accident and proof it happened. Police reports will be seen as very credible sources with the courts and insurance companies involved.
You also want to begin documenting things on your own. Try to keep a daily event diary that allows you to showcase how you are feeling, how the injury has changed your day to day life, and more. This can help to paint a good picture of how much pain and suffering it has caused you. For instance, being unable to get out of bed for weeks due to the injury can help you create a narrative that the accident negatively impacted your life, which can increase your potential compensation. Likewise, you want to consider a possible statute of limitations as it relates to your personal injury case. You want to seek professional counsel as soon as possible when suffering from this type of accident.
Speculation and Misstatements
At some point throughout the process, the insurance company will have you contact a claims adjuster. You don’t want to be too talkative when speaking with these people. You don’t want to speculate, and you don’t want to make anything that could be considered a misstatement. Making statements about motivations or anything else to an adjuster is one way to lose your personal injury case.
When you are in doubt, you should stick to speaking to your counsel. You can always decline to make any comments until you have counsel present for your protection and to look out for your best interest. Hiring a personal injury lawyer in New York to speak for you is the best way to go.
A lot of people who end up losing their cases or getting a less than desired settlement are those who minimized the issues. While you may want to make the injury seem less than it seems to appear tough or even to avoid trouble, that is the last thing you should be doing. Don’t minimize the issues you are facing just to avoid drama or to appear tough.
If you are experiencing pain and suffering as a result of an accident, you will want to avoid this at all costs. You deserve rightful compensation if it has impacted your life negatively. By hiring the right personal injury attorney in New York, you will be able to avoid running into a situation where you are in a position to minimize the consequences of the accident.
You Weren’t Prepared
If you have been the victim of an accident and are seeking compensation, you don’t want to go at it alone. A professional New York personal injury attorney should be one of the first people you call to ensure that you are going to get a legal advocate who will be there by your side throughout the entire process. That way, you get the legal counsel you need to make the right decisions, be informed as possible, and help you avoid making critical and costly mistakes that could minimize your chances of getting the compensation you rightfully deserve.
Contact a Personal Injury Attorney in New York Today
Our professional team of legal experts can help ensure you are as prepared as possible for the complexities of filing and winning a personal injury case. Don’t risk your compensation on a legal technicality or for any of the avoidable reasons discussed above. You can call our personal injury law office in New York right now to schedule your free consultation.