Factors That Make Your Personal Injury Case Weak
Many people file personal injury cases without knowing anything about it. This usually happens when they are fighting for damages for the first or when they come to the battlefield without the assistance of an attorney. There are also various misconceptions about personal injury cases, believing some of which can snatch some great legal opportunities for you.
There are certain factors that make a personal injury case weak, which is why it is important to be aware of them. Personal injury cases are never as simple as they are shown to be. The complexity of determining fault, gathering evidence, and collecting witness statements can be tedious. Speak to Albany Personal Injury lawyers to protect your rights.
Factors that weaken a personal injury case
- Not documenting the circumstances of your injury.
Nowadays, everyone carries a smartphone with them. If you were in an accident, you should document your injuries in photos and videos as much as possible. This is the best way to preserve your injuries digitally. These will come in handy when you are trying to prove your injuries in court later.
Additionally, you should report the incident to law enforcement as soon as you realize you have been in an accident. This report will contain information about the other driver and witnesses.
- You have little to no injury.
The biggest reason why people file a personal injury case is the injury. Usually, the more injuries you have, the more compensation you receive from the liable party. If you were injured and your injuries comprise minor cuts or bruises which are capable of healing on their own, you may have a relatively weak case.
However, it is important that you do not assume anything about your injuries unless you have seen a doctor. In some cases, cuts may develop into something more serious, while sometimes they are simply just cuts.
- You have pre-existing injuries in the same part of your body.
While this does not necessarily weaken your case, it can make things more complex. If you had a prior injury in the same part of your body which was not healed and you were again injured in the same area in another accident, you must prove that the recent accident caused new injuries or at least aggravated the old ones.
If you fail to prove this, you lose the case because the injuries are attributed to the prior accident. Insurance adjusters will argue that you were already injured and, thus, do not deserve compensation.
