Pursuing a personal injury claim can be a complex and challenging process. While many cases result in favorable settlements or verdicts, some plaintiffs do not achieve the outcome they hoped for. Understanding the reasons why personal injury cases can fail is important for anyone considering legal action. By identifying common pitfalls and learning how to avoid them, plaintiffs can better prepare for their cases and increase their chances of success.

Below are the top reasons plaintiffs lose personal injury cases, along with actionable tips to help claimants avoid these issues.

For best results, contact and consult with an experienced personal injury lawyer, who can guide you and offer advice specific to your case. Call us at Brandon J. Broderick, Attorney at Law today for more info about how we can help.

Lack of Evidence

One of the most common reasons personal injury cases fail is the inability to provide sufficient evidence. Courts rely on clear and convincing proof to determine liability and damages. Without solid evidence, such as photographs, medical records, or eyewitness testimony, it becomes challenging to establish the defendant’s negligence and the extent of the plaintiff’s injuries.

How to Avoid This:

• Document the scene of the accident thoroughly. Take photographs of the location, your injuries, and any property damage.
• Obtain copies of police reports or incident reports.
• Gather medical records detailing your diagnosis, treatment, and prognosis.
• Seek out and secure eyewitness statements as soon as possible after the incident.

Failing to Prove Negligence

A successful personal injury claim hinges on proving that the defendant acted negligently, leading to the plaintiff’s injury. If the plaintiff cannot demonstrate the defendant’s duty of care, breach of that duty, causation, and resulting damages, the case may fail.

How to Avoid This:

• Work with an experienced personal injury attorney who understands how to build a compelling case.
• Clearly outline how the defendant’s actions directly caused your injury.
• Use expert witnesses, if necessary, to establish negligence, especially in complex cases like medical malpractice.

Statute of Limitations Issues

Every state imposes a time limit for filing a personal injury claim, known as the statute of limitations. If a plaintiff files a claim after this period has expired, the court will likely dismiss the case, regardless of its merits.

How to Avoid This:

• In states like New Jersey, the statute of limitations for personal injury cases is typically two years from the date of the injury. However, this varies by state and case type, so consult an attorney promptly.
• Act quickly to begin building your case and filing the necessary paperwork.

Inconsistent or Inaccurate Statements

Discrepancies in the plaintiff’s statements can weaken their credibility and negatively impact the case. Insurance companies and defense attorneys will scrutinize every detail of your account, looking for inconsistencies.

How to Avoid This:

• Be truthful and consistent when recounting the events leading to your injury.
• Avoid speaking with insurance adjusters or defense attorneys without your lawyer present.
• Review your statements with your attorney to ensure accuracy.

Lack of Medical Treatment or Delayed Treatment

Failing to seek immediate medical attention or not following through with recommended treatments can harm your case. The defense may argue that the injuries are not as severe as claimed or that they were not caused by the incident in question.

How to Avoid This:

• Seek medical care immediately after the accident, even if your injuries seem minor at first.
• Follow your doctor’s treatment plan, as well as make sure to show up for any follow-up appointments. Do not veer from their recommendations.
• Keep detailed records of all medical expenses, including doctor’s visits, treatments, and anything else related.

Unrealistic Expectations

Some plaintiffs enter the legal process with unrealistic expectations about the potential compensation they can receive or the time it will take to resolve their case. This can lead to dissatisfaction with settlement offers or frustration with the legal process.

How to Avoid This:

• Work with an attorney who provides a clear and realistic assessment of your case.
• Understand that personal injury cases can take time, especially if they go to trial.
• Be open to reasonable settlement offers that reflect the true value of your claim.

Poor Legal Representation

Not all attorneys have the experience or resources necessary to handle personal injury cases effectively. Choosing the wrong legal representation can jeopardize your case.

How to Avoid This:

• Research potential attorneys thoroughly. Look for those with experience in personal injury law and a track record of success.
• Schedule a consultation to discuss your case and gauge the attorney’s knowledge and communication style.
• Choose a law firm who has the experience and resources to investigate and litigate your case effectively.

Missteps on Social Media

Social media activity can be used as evidence in personal injury cases. Posts that contradict your claims or suggest you are not as injured as stated can undermine your case.

How to Avoid This:

• Avoid discussing your case or injuries on social media.
• Adjust your privacy settings, ensuring you set a limit to who can see your posts.
• Consult your attorney about best practices for social media use during your case.

Call Brandon J. Broderick For Legal Help

Navigating personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.