Over the last two or three decades, the media has convinced the public that most personal injury lawsuits are frivolous and deserve to lose in court. Unless you’re familiar with the legal system, it may shock you to find out that this isn’t true. Though not every personal injury case is a winner, many plaintiffs do deserve compensation for their injuries or, at least, their day in court to argue it. Unfortunately, large amounts of plaintiffs lose cases because of mistakes they made and bad decisions early in the process. Here are the top five reasons why people don’t get the compensation they deserve.
1. Contributory Negligence
If the court believes that you were partly responsible for your accident, they may reduce your claim or deny it entirely. Unfortunately, Maryland is one of the few remaining states that follow the Pure Contributory Negligence Rule. This means that if you are found to be even 1% at fault for the accident, the court will award you no money. It is very important in all states, but especially here, that you first determine how much of the accident or injury was caused by your own negligence.
2. Not Enough Proof
Personal injury cases rely on proof. If you are claiming damages to your car and medical payments for your injuries, you have to back these claims up with evidence. Damage assessments from repair shops and records of your medical expenses are critical. Taking pictures after an accident or getting testimony from a witness can make your lawsuit a lot stronger.
3. No Credibility
There are a lot of ways that the defense may try to take away your credibility. The media tells the public that personal injury claims are frivolous, and the public believes it. There are simple ways to protect your credibility. For example, after the injury, you need to immediately see a doctor, and from that point on, you need to consistently see a doctor and not miss any appointments. Otherwise, the jury may doubt your injuries are as serious as you say. One more tip—don’t see a non-specialist doctor that your lawyer referred you to, juries will be suspicious of that doctor’s testimony.
4. No Experts
Having experts testify in your personal injury case could be critical. If you suffered a permanent disability or impairment, you must have a doctor come to trial and explain what that impairment means. You won’t be able to explain reduced mobility or range of motion as well as a doctor can.
5. Inexperienced or Ineffective Lawyer
Taking a personal injury claim to trial is not easy. You must have a lawyer who not only has experience with personal injury law, but also has experience winning cases at trial. Otherwise, your chances of winning are much lower.
Were you recently injured in a car accident or do you have a personal injury claim? Our attorneys have years of experience with personal injury law, and we can help you get the compensation you deserve.