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You believed that the circumstances surrounding your auto accident were in your favor. You were backed by your family and friends. Your personal injury case was considered a surefire win by everyone. Why did you lose your case?
Each case is unique. Consequently, the outcomes of each case are different. Here are a few common reasons why cases fail and how you can avoid them in the future.
Here are some top reasons why your claim may not have the desired results:
- If you didn’t retain an attorney, then you have the right to representation. There are many formalities to be followed before filing a claim. A lawyer can make sure that the proper procedures are followed, and your rights are enforced.
- Loss of credibility: The other side may have successfully questioned your honesty due to contradictions or contradictory statements.
- Weak evidence: You must have strong evidence to support your negligence claims. The evidence should be able to withstand any attack by the defendant.
- Defects in judgment: Have you posted pictures of you swimming on social media, when you should be resting your shoulder injury? These types of evidence may undermine your injury claim.
- Inadequate preparation: Cases should be organized and presented in a strategic manner. You must highlight the strengths of your case, anticipate any challenges and know how to deal with them. You will give the other side ammunition to use against your case if you don’t.
The settlement agreement is not final until you sign. You may have the opportunity to pursue a different legal route. If you have discovered that defective equipment caused your accident, then you can still litigate the case.
Signing is a sign of weakness.
You can also continue the negotiations if the settlement agreement you signed did not include a liability release. You should consult with a California personal injury attorney before moving forward in either case.
This article was written by Alla Tenina. Alla is a top personal injury lawyer in Orange County CA, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.