Top Reasons People Lose Their Personal Injury Claim at Trial

For those wrongfully injured, life can drastically turn for the worse.

The impact hits injury victims not only physically but psychologically, socially, and financially at varying degrees, with some worse than others depending upon the extent of the injuries.

Going through the legal system only adds to the anxiety since attorneys representing the defendants tend to center their defense around blaming the victim; injury attorneys see them as a paycheck; the system overall seems cold and detached.

And while approximately 95 percent of personal injury cases end up getting settled out of court, 90 percent of plaintiffs end up losing their claim at trial.

However, the 10 percent who win their lawsuit receive higher compensation from the presiding judge than from a jury.

If you’ve decided to reject an out-of-court settlement, how can you increase your odds at winning at trial?

To figure that out, let’s look at the top [number] reasons why people lose their personal injury claims at trial.

People Assume Their Attorney Is on Their Side

How many readers knew until now that most if not all major cities have a law library?

That’s right. Most medium to large cities should have a public law library where residents can go and study local, state, and federal case law.

For those who would rather have a go at it online, there are plenty of options, most of which charge a small fee to gain access.

Of course, there may be other additional costs depending on what extra services one may also want to use, such as saving and printing pages from law books.

According to the American Association of Law Libraries (AALL), “Members of the public have a right of access to comprehensive government information, including access to the basic materials necessary for legal research.”

In a nutshell: There is a reason these libraries have been provided to the public; so that citizens can study and research the laws for themselves as a way of protecting their rights.

Listen to what your attorney says to you and in court, as well as the defendant’s attorney and the judge, and take notes when need be. Take your notes and compare them to previous case law. You might be surprised what you find that can help you.

You might also find out your attorney left out things or misinformation was given. Never just assume your attorney is on the up-and-up – backtrack their work.

Talking About the Case on Social Media or Publicly In General

People tend to share their daily activities with friends, family, and followers on social media.

However, one should always keep in mind that their posts are discoverable, regardless of your privacy settings.

More often, courts are allowing social media posts to be submitted as evidence against both complainants and defendants.

Insurance companies often hire private investigators to track a claimant’s every move, and every word. Anything an investigator thinks they can use against you in court is but a few screenshots away.

Even if you’re posts don’t say anything wrong, insurance companies may try to take your posts out of their original context to hurt your case.

Lastly, depending on where and how you were injured, avoid speaking to others about your case other than your attorney and family members.

For example, if you were injured on the job, some fellow employees might be doing the boss and insurance company a favor by taking note of things you say that could damage your case.

While your wrongful injury claim is still in litigation, it’s best to stay as low profile as possible.

Accepting an Independent Medical Evaluation From the Insurance Company

Chicago-based Cogan & Power, P.C., a law firm specializing in personal injury, states, “Independent medical evaluations are not neutral and claimants should be wary when their insurance company offers to provide them with an examination.”

“These evaluations are often used to counter the tests and medical opinions completed by the individual’s personal physician and can cast doubt over the veracity, severity, and overall impact of the individual’s injuries,” they warn.

Before meeting with any physician other than your own, always consult with your attorney about the matter and discuss ways you can protect yourself from being set up.

Again, it isn’t a matter of right or wrong in your case but rather your word against them, and who the judge or jury end up believing.