What is a personal injury claim and what are its consequences? This is a case where the victim claims for compensation or other options, in case they get physically or mentally injured. The injury usually happens in an accident, and most commonly, it’s not the victim’s fault nor they have anything to do with the circumstances that had brought the victim to a dangerous situation, which means that there is a reasonable doubt that the victim’s injury is actually a result of someone else’s actions. Not only vehicle accidents and crashes, but this includes a huge variety of injuries such as injuries that have occurred at work, the ones that come as a result of criminal attacks or any other personal injury in general.
If it happens to develop any kind of illness as a result of someone’s actions, you can make a claim for personal injury damages or in other words – compensation. What does this mean in reality? It means that after the case is closed and the personal injury claim is successful, the victim should be receiving a certain amount of money. This should cover or compensate for several things such as your pain or suffering or the impact the injury had or has on your life, as well as expenses you had because of your illness – hospital bills, medications etc. The compensation also includes future losses, which means that you are getting paid with an intention of putting you back into the initial financial position, before the accident or injury occurred in the first place. An important thing to know is that the time limit for starting this claim is 3 years from the day when the injury happened.
What are the consequences of these injuries? Personal injury claim cases are closely related to trauma or in other words – a result of the traumatic experience. If you survive a trauma, it’s logical that you will want to file a lawsuit against the person who had caused the traumatic experience. Still, there are some things you need to be careful about. The reason for this is simple – not every case ends successfully.
Before you file a case, you need to ask yourself a couple of questions such as did the specific situation end in an injury and how severe is it, do you or the other party have insurance or do you have liability for the injury. The next thing you should do is reach out to the professionals and carefully plan your next step.
However, since this is everything but a simple process, sometimes being unaware of certain information, or having various misconceptions about the process and the potential outcome, can result in losing the case. This is the worst-case scenario that needs to be avoided at all costs. That’s why you should pay attention to details and learn from other people’s mistakes.
Here is a list of most common reasons for losing your personal injury case. At the same time, these are the things you should avoid if you want to have a successful case in the future:
1. NOT SPEAKING THE TRUTH OR SPECULATION
The last thing you should do is lie in court. However, it’s not just about the legal consequences, but the fact that it’s much easier to win the case if you stick to the truth throughout the whole process. Every lie, even the smallest one, can cause confusion or make a problem with your strategy. This also includes exaggeration about the symptoms of your injury or illness. It’s important to speak the truth because otherwise, the jury and the judge might not believe in all the other things you say, and that will definitely lead to the outcome you don’t want. It’s been proven that misrepresentation almost always leads to the failure of a case. Not only can your case get dismissed but if it gets proven that you’ve lied, the court can issue sanctions against you. Isn’t this enough to convince you to stay true to yourself and others?
2. UNDERESTIMATING THE POWER OF THE INTERNET
A while ago, the internet didn’t play such an important role in every aspect of our society. However, things have changed ever since. Today, it’s crucial not to underestimate the power of the internet and especially – social media. Why is this important? The answer is simple. Everything you say or do on social media can easily be used against you. That’s why you should try to avoid exposing any information about the case on social media. Not only that, you should pay attention to the message you’re sending, since social media and your posts can really affect your reputation in court. Don’t think that institutions like these don’t care about your social media accounts and profiles. They sure do. Especially if your posts are in contrast to the info you provide them with. Simply put, if you claim that your health status is bad, and then post a picture that shows quite the opposite – it’s perfectly clear that it will get discovered and that you’ll eventually lose the case. It’s better to keep things to yourself as long as the case is in progress, since that is the best way to both avoid the possible mistakes and prevent yourself from having headaches.
3. WAITING FOR TOO LONG
The time limits are clear. After three years from the day when the accident occurred, you lose the opportunity to file a case. If you’re not sure about the options you have or the time frame in which you can use your rights, it’s always the best option to consult a professional and discuss every detail of your situation. Otherwise, you might not lose the case. You might even miss the chance to file it in the first place!
4. NOT HAVING AN ATTORNEY OR NOT COLLABORATING WITH THEM IN A PROPER WAY
Having a professional by your side can’t be emphasized enough. The importance of hiring an attorney is so crucial that this is one of the first things you need to do if you want to win the case. There are court filings that simply need to be done by a person who is experienced in what they do. Even though you are telling the truth, sometimes it’s not enough. The reasons for this could be the deadlines, the strict rules or simply – the art of negotiation and a great judgment to get the best out of every situation. Not only is it overwhelming to deal with all the paperwork and court appearances, but the chances of winning the case alone are proven to be significantly lower, compared to the ones that include professional help. That’s why you should choose a reputable attorney such as Powers Santola and work as a team on creating the best legal strategy that will lead to a successful result.