Learning from the Mistakes of Others: 7 Common Reasons Why Someone Can Lose a Personal Injury Case

December 24, 2018 10:56 am

Every year, more than 39.5 million people are treated for personal injury and poisoning episodes, according to the Centers for Disease Control and Prevention. Unfortunately, the process of pursuing a personal injury claim isn’t as simple as presenting a statement of what happened to a judge. Too often, people file personal injury cases with serious misconceptions, which can lead to them losing their case or getting a settlement that was substantially less than they expected. Here are seven mistakes you want to avoid making when it comes to your injury case.

No Legal Representation

The process for filing a personal injury claim entails filling out paperwork with those that are believed to be at fault for your injuries. It involves having to work with the court to ensure that everything is filled according to the law and within the deadlines set forth. Without legal representation, you could be asked to sign something that you don’t fully understand. The Derrick Law Firm offers legal services that may deter the responsible parties from trying to pay you less than you deserve.

Contributory Negligence

Very few injury claims are seen as entirely the fault of one person. Generally, the responsibility for the injury is split. If the division of responsibility shows that the claimant is more responsible for the accident, then damages won’t be rendered.


It is too easy to think that a personal injury claim is a chance for you to get a big settlement or punish someone who deserves it. Unfortunately, this mindset can be detrimental to the outcome of your case. Engaging in fraudulent behavior or misrepresenting the fact of the matter can lead to a dismissal of your claim and could lead to criminal charges being brought against the claimant.

Social Media

You need to be careful when documenting your life on social media. When it comes to a personal injury claim, your social media feeds and those of your friends can be used as evidence against you. Don’t be the person who gets their case thrown out because you are posting too many Tweets about how great your feeling.

Lack of Documentation

You should always be sure to document everything that follows an incident that leaves you injured. After an accident, it is essential that you contact the police and file a report so that you can create an official record of the accident. You also should consider documenting your daily experiences following the incident to present a complete picture of how your life might have been altered following the accident.

Misstatements and Speculation

At some point during the process, you will likely speak with a claims adjuster. If you get too chatty during these interactions, you could put yourself at risk for losing your injury claim. It’s not your place to speculate as to why something happened.

Minimizing Issues

While issues of fraud are often discussed in personal injury claims, another problem that often goes unnoticed is the tendency to minimize issues. With nearly half of all personal injury cases being lost, according to the Bureau of Justice Statistics, it is extremely unwise to minimize your claim, as this can lead to the insurance company to severely reduce or dismiss your claim outright.

If you have a personal injury claim, you’re likely to have questions about the process. Don’t make the mistake of going it alone and risking your settlement.

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