During our years practicing as personal injury lawyers in Charlotte, NC, we learned that injury cases can get complicated. They go beyond presenting a statement of what happened, your feelings, and what you expect as compensation. Most injury victims start their claims journey with several misconceptions.
These misconceptions often lead them to lose their claim in its entirety or getting less than they deserve. This article brings you reasons why your personal injury claim would fail. Knowing what they are would help you prepare ahead of time and avoid costly mistakes.
If you suffer injury due to another person’s negligence, you deserve compensation. Our Charlotte injury attorneys at Ted A. Greve and Associates would review your case and create an action plan for the best possible outcome. Contact us today to learn more about our legal services.
Top 5 Reasons Why Your Personal Injury Claim Failed
It’s not uncommon for injury cases with merit to fail during or at the end of the claims process. Thus, the million-dollar question is, why did the victim fail to get compensation if the scales of justice seemed to tip in their favor? Below, we look at the top five reasons why personal injury claims fail.
Not Being Represented By an Attorney
A personal injury claim is a science and an art. It is a science because court processes must be filed in the prescribed manner and within the stipulated deadlines. It is an art because it requires skill to negotiate a settlement and experienced judgment to know when to settle.
Thus, when a person tries to handle their personal injury claim alone, they miss out on valuable attorney’s experience that makes the difference. An experienced personal injury lawyer in Charlotte knows the nuts and bolts needed to tighten your case and make it winnable. They also know the legal strategy to employ at different times and when to bow out gracefully. In a nutshell, your chances of winning your claim are better with an injury lawyer.
Contributory negligence is a legal principle that bars a person from benefiting from an accident they contributed to. The rule is quite strict in that, even if a victim only contributed to 1% of the fault, they cannot get compensation. Here, the fault party goes free, and the victim receives zero compensation.
The harshness of the contributory negligence doctrine gave birth to the comparative negligence rule. This rule limits the victim’s compensation to the percentage of fault they share. So, a victim with 40% fault will only get a 60% settlement.
Sadly, North Carolina is one of the five states in the U.S. practicing the contributory negligence doctrine. What this means for your injury claim is that it would fail once the other side can prove you contributed to the accident. The only way out is to refute the claim of contributory evidence with exonerating evidence.
When commencing your personal injury claim, you should avoid the urge to exaggerate or misrepresent facts. Being truthful would go a long way in helping you win. On the other hand, lying or padding information is detrimental to your case. What you state in court documents and your testimony in court should be the same. Misrepresentation would lead to the court dismissing your claim or issuing sanctions.
Lack of Documentation
A personal injury claim is a civil action, so the rules of civil procedure apply. One of such rules is that “he who asserts must prove.” Simply put, the person alleging the existence of a fact must provide supporting evidence to prove the assertion. Hence, documentation of the accident details is crucial to a successful claim. This includes police reports, photographs, medical records, expense receipts, etc.
Speculation and Misstatements
Whether in civil or criminal actions, the law frowns at speculations and misstatements. You poke holes into your case when you do either of the two or both, and it presents your case as weak. Therefore, it is always best to prepare with your lawyer ahead of time to know how to respond to questions and the right things to say.
Do You Want Your Injury Claim to Succeed? Contact Our Personal Injury Attorneys in Charlotte, NC, Now!
When you work with a lawyer, you increase your chances of winning your claim. We understand this at Ted A. Greve and Associates. Thus, our personal injury lawyers will keep you on the right path and ensure you do not make mistakes that jeopardize your claim. Call today to schedule a free virtual case review with one of our attorneys.