When a person gets into an auto accident, they will either be the victim or the fault party. As the victim, Georgia law allows them to get compensation from the at-fault driver. To do this, the person would either commence an insurance claim or file a personal injury lawsuit with the help of an auto accident lawyer.
From the beginning of the claims process to the end, several factors could affect the success of the action. Some of these factors are either caused by the victim or due to legal technicalities. In this article, our Douglasville auto accident lawyers discuss why victims lose their personal injury lawsuits.
If you suffer injury in an accident due to another person’s negligence, the Douglasville personal injury lawyers at Hartley, Rowe, & Fowler can represent you. We are experts in handling personal injury cases and will fight to get you the maximum compensation you deserve. So, contact us today.
Top 6 Reasons Why Personal Injury Lawsuits Fail
When pursuing an injury lawsuit, it goes beyond presenting a statement of what happened and its impact on your life. There are legal principles that apply and procedural rules you must follow for your claim to succeed. When you fail to follow these rules, there’s a high likelihood that your action will fail.
Below are our top six reasons why most injury lawsuits fail.
Misrepresentation of Facts
Twisting events leading to the accident to favor your case is one of the biggest mistakes victims make. Note that for you to be the car accident victim, there must be supporting evidence to that effect. So, you need not try to change how events happened to favor your case or get more settlement. Doing this does more harm than good to your lawsuit, and the court can dismiss your case or sanction you for misrepresenting facts.
Posting on Social Media
It can be tempting to vent about your accident and the limitations you’ve faced since it occurred on social media. But don’t do it. This is because posts on social media now qualify as electronically generated evidence, meaning what you say online can either make or mar your case.
The at-fault driver’s legal team or insurance carrier would monitor your social media closely to see if you’d contradict yourself. Once you do, they’ll use it to their advantage. Also, they would be watching to see if you’ll reveal your strategy. So, while your lawsuit persists, it’s best to stay off social media.
Documentary evidence like police reports, pictures and videos of the crash scene, medical records, etc., are crucial in a personal injury lawsuit. This is because it’s not enough to assert the existence of a fact orally; you must back it up with evidence. Hence, you must obtain and preserve the necessary evidence relevant to your case. Inadequate evidence would either cause your lawsuit to fail or get you a lesser compensation.
Hiding Past Accidents and Injuries
It is always crucial to reveal a history of past accidents and injuries. For example, if you received a citation for a traffic violation in the past, you should come clean about it. When you hide facts about things like this, the opposing party can bring them up to discredit you or throw you off guard.
Speculating and Misstating Facts
When asked a question during the trial or at deposition, you should stick with the facts and be honest. Speculating on things you don’t know and can’t prove would only affect your case. Similarly, avoid misstating facts. Rather, if you saw black, say you did, and don’t try to make it blue. It’s better to decline to answer questions or to comment on facts of law than to speculate.
Waiting Too Long To File a Lawsuit
Most accident victims wait too long to hire a car accident lawyer for their case. Delaying in getting a legal team is an unwise choice that is detrimental to your lawsuit. A lawyer knows all the right steps to take from the beginning and will optimize your case to get the best outcome. In addition, they are knowledgeable on the court processes to file and when to file them, procedural rules, applicable laws, and the effect of the Statute of Limitations.
Get Help From Our Experienced Douglasville Auto Accident Lawyers!
At Hartley, Rowe, & Fowler, we understand the impact of a car accident on a person’s life, general well-being, and finances. This is why we use all our experience and knowledge to ensure your personal injury lawsuit does not fail. As a result, your chances of winning and getting what you deserve are better with us. So call today to schedule a free case review.