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Why Some Personal Injury Claims Fail In Court

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It is a right we all have. One of the most common lawsuits filed by private citizens involves personal injury where the claimant is not at fault or guilty of negligence. However, of the roughly 5% of these claims that do make their way to court, few are a simple procedure. Once a case is under the scrutiny of the judge, jury, and defense, it is much more difficult to prove where the fault lies. Your road to compensation of any sort is far from simple, but by taking some important steps you can give yourself a better chance of presenting your case once things finally get serious.

Lawyer Up

Lawyers offer much more than legal support; they are negotiators too. Their experience and insight into the inner workings of the courtroom are invaluable to their client’s case. Personal injury is a process of documentation being shared between the plaintiff, defendant and the solicitor as much as anything. Proving injuries and trauma comes down to facts and evidence, despite the emotional toll they can take. Lawyers act as a layer of professional representation, protecting their clients from the pressures of the case itself. Compensation for personal injury claims is never guaranteed, but your chances of receiving adequate settlements are much higher with a lawyer on your side. 

Paper Trails

As mentioned, personal injury claims are driven by documentation. They are typically quite contentious due to conflicting accounts, with claimants and defendants rarely on good terms given the circumstances. What makes these claims difficult is the paramount need for evidence, despite the circumstances around injuries often being dramatic and intense. You are unlikely to start noting down registration plates and photographing the scene after being in a serious road accident. Therefore, it is important to work with your lawyer and the authorities quickly to gather as much physical evidence as possible – evidence that can paint a clear picture of how your injury occurred. Relying on speculation or not preparing for inevitable questions will be detrimental to any case. 

Exaggeration and Understatement 

The two outcomes we all hope for in a court case are a favorable outcome and a fast process. However, under no circumstances is exaggerating injuries helpful to your case. A jury that suspects you of exaggeration is unlikely to buy any of your story, let alone the parts you have overblown. Alternatively, it can be tempting to underplay your physical and emotional state in a personal injury claim, in the hope it might move things along quicker and avoid conflict with the defense. Neither serves you well and could harm your case, reducing the chances of a settlement that can aid in your recovery. The same goes for presenting a certain character. Damaging information that is publicly accessible is out of your hands, however, you need to have a game plan formed and responses agreed with your lawyer if those sorts of attacks come your way. 

Most of us will hope to spend as little time in them as possible. What is important to remember is that your day in court is your right, especially if you find yourself injured and unable to lead a healthy, and happy life as a result of someone else’s actions or inactions. As such, try and treat your court date as a reflection of yourself and your experience. An honest, open, professional, and detailed argument can sway a jury – and can help deliver an outcome that secures a better future for you or your loved ones.  





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