Even if you have a valid personal injury case, there are many forces that can work against you and prevent your case from succeeding. By understanding the process and what steps you need to take, you can help to ensure that your case has the best possible chance of winning. Here are six avoidable reasons for lost personal injury cases:
1. Incorrect Document Filing Procedures
If your lawyer fails to file correct documentation, the defendant can deny your claim. Knowing what to file and when to file it is complicated, especially in large cases or cases with multiple defendants. Filing the wrong document can also delay your case and give the defendants, such as an insurance company, time to build a defense.
2. Failure to Serve Defendants
State law has strict guidelines for how a defendant must be notified of a pending lawsuit before a court date can be set. This means that if you don’t serve the defendant correctly or on time, your case could be dismissed. Even if you have a strong case, the other side may be able to get it thrown out if they weren’t properly notified.
3. Failing to Collect Evidence
In any personal injury case, evidence is key. If you don’t properly collect and store evidence, it may be unavailable to use in court or at the very least will be much more difficult to present. This can include everything from witness statements to medical records. If you don’t present all of the evidence in your possession, it may be enough to get your case thrown out.
4. Improperly Handling Settlement Negotiations
If your lawyer doesn’t handle settlement negotiations properly, the defendant may refuse to pay any damages. This includes making demands that are too high or agreeing to a settlement before all the evidence has been collected. Failing to handle negotiations correctly can mean that you won’t get the full amount you deserve.
5. Using Inexperienced Lawyers
If your lawyer doesn’t have the experience necessary to win the case, you could lose no matter how strong your evidence is. If a jury or judge doesn’t fully understand all of the facts surrounding the accident and applicable laws, it is unlikely that they will rule in your favor. Inexperienced lawyers have a higher rate of lost cases because they don’t understand the nuances of the legal system.
6. Not Acting Quickly Enough
In some cases, you only have a limited amount of time to file a personal injury lawsuit. If you don’t act quickly enough, the statute of limitations may have passed and you won’t be able to pursue a case at all. This includes both filing the initial paperwork and gathering evidence. Make sure you know the personal injury deadlines in your state and work with an experienced lawyer to ensure that your case stays on track.
If you or a loved one has been injured in an accident, make sure to avoid these six common reasons for lost personal injury cases. By working with a personal injury attorney who understands what it takes to win such cases, you can increase your chances of getting the damages you need to recover.
To avoid all of these mistakes and increase your chances of winning your personal injury case, get in touch with a knowledgeable lawyer who understands the ins and outs of the legal system. At Napoli Shkolnik, we have years of experience helping clients like you get the compensation they deserve. Contact us today for a free consultation.