As straightforward as it may seem, personal injury claims are actually very complex and challenging matters. Injured parties often come into these cases with misconceptions, which could lead to a court throwing out your claim or an insurance company settling for less than what’s owed. Here are five factors that could cause you to lose a personal injury case in Michigan.
If someone else’s negligent actions are the reason for your injury, call and speak with one of our personal injury attorneys. Our team is skilled in representing clients in a wide variety of claims and can provide you with the legal representation you need.
1. Not Hiring a Lawyer
The process of filing and winning a personal injury claim can take months. It involves a lot of paperwork and back and forth with the courts and the other parties. If you have no law experience, especially in personal injury law, you’ll likely struggle to obtain a fair settlement. You may also not know how to move forward with your case or what the next move should be. This is why you should always have a skilled attorney on your side. They’ll be able to deal with the necessary paperwork, negotiate with insurance companies, and represent you in court.
2. Social Media
Social media dominates our lives. But when you’re involved in a personal injury claim, it may be best to stay off Facebook, Instagram, or Twitter until the case is resolved. A post about how you’re feeling better or staying active can hurt your chances of receiving a full settlement. It’s crucial to know that any post can and will be used against you in court or negotiations.
3. Comparative Negligence
Very few injury claims have one party to entirely blame for the accident. Instead, a court will find each party partially responsible. Michigan uses the comparative negligence law. For example, if a court finds the other party to be 80% at fault for the accident, you may be able to obtain 80% of your claim. It’s important to note that being the only one injured in the accident does not automatically negate your responsibility or fault for the accident.
4. Lack of Documentation
Documentation is crucial in personal injury claims. You need to prove when and how the accident happened and who is to blame. But that’s not all. You’ll also need to prove any injuries you received were a direct result of the accident. After an accident, you should file a police report. This will give you the time of the accident and proof it happened. Courts and insurance companies generally see police reports as trustworthy sources since lying on a report is a crime.
Also, medical records, photographs, and receipts are great pieces of evidence. They can prove to insurance companies or courts the amount of damage that was done to your property and how much it cost to repair or replace it. Medical records also prove you needed treatment and how much it cost.
5. Minimizing or Exaggerating Issues
You deserve to receive the maximum amount of compensation for your injury. But, when you minimize your injuries, you risk the chance of receiving a proper settlement. It’s human nature to be resilient or hope things will blow over in a few weeks, but never minimize your issues. It may even lead to insurance companies using that against you to pay you less.
On the other hand, you should never exaggerate your issues following an accident. If an insurance company discovers you exaggerated your condition, a judge may throw out your case altogether.
Reach Out to Skilled Personal Injury Attorneys in Michigan
If you have been involved in an accident and suffered injuries because of someone else’s negligence, you need the help of a trusted attorney as soon as possible. The attorneys at the Michigan Legal Center will fight for you to win financial compensation for your injuries. With more than 20 years of experience, we consider it our job to fight for Michigan residents.