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Personal Injury: 5 of the Biggest Reasons Why Most People Lose Cases

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Unfortunately, damages from personal injury cases happen all the time. Some injuries are fairly minor, while others are very serious and even life-changing. But whether the injury is major or minor, the victims of these injuries deserve to be compensated for the damages they’ve suffered… The only problem is that the process isn’t as simple as one might think.

The actual process of pursuing a personal injury claim consists of more than telling a lawyer what happened, the injuries you suffered, and expecting an estimate of “about” how much you can receive from your settlement if you win… There’s a lot more that goes into it than that.

People have misconceptions and preconceived notions about how the process works, and it’s these misconceptions and misleading notions that are directly related to claims being lost or settled on dissatisfying terms. The act of obtaining full compensation from the responsible party can be pretty tricky and come with potential pitfalls… even the tiniest mistake can be detrimental to the success of your case.

Here are the biggest reasons why personal injury cases are lost.

5 Ways to Lose Your Personal Injury Case

  1. Having No Representation

The personal injury claims process is a complicated one full of jargon and documentation you might not understand. There’s paperwork that needs to be filed and signed, as well as back and forth negotiations with the court and tight deadlines.

Without counsel, you are at risk for potentially waiving your rights to future claims and even admitting wrongdoing. If you’re not properly represented during this process, it could cause dire effects.

  1. Social Media
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In the eyes of the law, it’s no longer just:

Anything you say can and will be used against you in the court of law.”

But also:

Anything you post can and will be used against you in the court of law.”

It’s perfectly fine if you enjoy social media and sharing your life’s moments. But there’s also a right and wrong time for social media, and your legal process during a personal injury claim is not the right time.

Thanks to the wonderful world of technology and smartphones, cameras are everywhere watching your every move. That picture you posted on Instagram of you having margaritas on the beach a few weeks after your injury could be used against you as though your pain and suffering are fraudulent, getting your case thrown out.

  1. Lack of Documentation and Record-Keeping

With personal injury cases, you want to be as thorough as you possibly can with your documentation and record-keeping. Everything from filing a police report and keeping track of medical bills to lost income and a journal of the experiences you’re having from your injuries, all of this information is vital to support your claim.

Maybe you were prescribed a medication to help treat one of your injuries and it’s negatively impacting your body, causing you to have to cope with sickness not only from the injury but from the medication too. This information will project a better compensation outcome… without it, it could drastically impact the credibility of your claim.

  1. Minimizing Your Injuries

It may be hard to believe that people downplay their injuries for not wanting to appear “weak” or cause tension between the defendant whom they see frequently or often. This is one of the worst things you can do for your case simply because it’s unnecessary. If you’re experiencing a life-changing injury, you deserve to be compensated from it, especially if it’s preventing you from leading a full life as you had before the injury.

  1. Sensationalizing Your Injuries

On the complete opposite end of the spectrum from reason #4, sensationalizing your injury is making your injury seem like it’s more severe than it really is. This is also a form of fraud. People often overstate their injuries in hopes of a bigger financial gain.

If you’re going to try to overstate or sensationalize your injury, just know that the court is going to want to see documentation of the “major injuries” you’ve incurred… Not being able to provide it can ruin your claim and put a damper on your credibility.

In fact, according to, you could face criminal charges for filing a fraudulent personal injury claim.

Don’t Go It Alone

If you’ve been injured in an accident, not only are you going to have questions, but you’re going to want the responsible party to be held accountable for your damages. That reason alone is why you don’t want to go into this legal process alone or blindsided and put your potential for compensation at risk.

The law office of Chad Stavley can answer all your questions and help you get prepared for the complexities that often come with personal injury cases.

See about your free consultation today.

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