Losing an Injury Claim | Jones, Boykin & Associates, P.C. 

Losing a personal injury claim can be frustrating and stressful, especially if the settlement was supposed to pay for medical bills and other costs. Here are some of the most common reasons why your injury claim may be unsuccessful and what you can do to improve your chances of success in the future.

Presenting Inadequate Evidence

To win an injury claim, you must be able to provide solid evidence that the negligence or wrongdoing of another caused your injury. You can include medical records, witness statements, and photos or videos of the accident or incident in your proof.

Failure to provide sufficient evidence to support your claim will result in its failure. Therefore, ensure you get as much evidence as possible as soon as possible after an accident because it can be harder to gather as time goes on.

Passing the Statute of Limitations

The statute of limitations is the deadline for filing a legal claim. If you file your claim after this period, your claim will most likely fail.  Personal injury claims have different deadlines in each state, so it's important to know what those deadlines are in your state. If you need more clarification about the statute of limitations for your claim, you should consult a lawyer who can advise you.

Possessing Previous Injuries

If you already had a pre-existing injury similar to the one you are trying to get paid for, your claim may be unsuccessful. The defendant could say that your current injury resulted from a pre-existing condition, not from the accident or incident at hand.

To get around this problem, you need to show medical records and other proof of how bad your injury was before the accident or incident, how it is different, and its cause.

Failing to Adhere to Medical Advice

Your claim may fail if you do not follow your doctor's advice after your injury. The defendant might say that your refusal to listen to medical advice worsened your injury or made it take longer for you to get better.

To back up your injury claim, you must do everything your doctor tells you to do and go to all your appointments. If you can't follow your doctor's advice because of exceptional circumstances, you should tell your doctor and write it down for your records.

Committing Contributory Negligence

According to contributory negligence, the plaintiff's actions caused their injury. If the defendant can show that the plaintiff's actions caused the injury, the plaintiff may be unable to get compensation.

For example, if the plaintiff gets hurt in a car accident while not wearing a seatbelt, the defendant could say that the plaintiff's choice not to wear a seatbelt worsened their injuries. If the court rules in favor of the defendant’s claim, the plaintiff may be found to be partially responsible for what happened and will be unable to recover compensation for their injuries.

Using an Untrustworthy Attorney

If you choose a lawyer who is inexperienced in handling injury cases or who is not competent or honest, your claim will likely fail. A lawyer who doesn't know what they're doing or isn't honest might not be able to present your case well or help you reach a fair settlement.

To win, you need to find a lawyer who has worked on injury cases before and has a good track record. A good lawyer can tell you how strong your case is, gather the evidence you need, and work out a fair settlement.

Please don't go through this challenging time alone; instead, allow the Jones, Boykin & Associates, P.C., team to assist you in obtaining the justice you deserve. Contact us right away to set up a consultation.