Common Reasons Why Personal Injury Cases are Lost

Common Reasons Why Personal Injury Cases are Lost

A personal injury case can be filed by anybody who has suffered an injury through no fault of their own. However, the process of filing and pursuing a personal injury claim is often rarely as simple as just presenting a statement about what happened, how it made you feel, and how much you want to be awarded in damages. People will often approach a personal injury case with some serious misconceptions, which can sometimes lead to claims that would otherwise be won being lost completely. In some cases, these misconceptions could lead to claimants being awarded much less than their claim is worth. Here are some of the main mistakes that are often made during personal injury claims that could lead to a loss of compensation or a loss of the claim overall.

Not Getting Legal Representation:

Winning a personal injury claim is both an art and a science, with court filings that need to be done in a certain way and deadlines that are essential to meet. It takes a lot of skill to successfully negotiate settlements, and experience and good judgment skills are needed to know when to accept an offer and when to counter-offer. As a result, people who try to handle a personal injury claim on their own will often fail to get the results that they hoped for at the beginning. While it may be possible to take on a straightforward injury claim on your own, the majority of the time it is always worth hiring an experienced attorney. Not working with a personal injury lawyer like Brown and Crouppen Arnold MO means that you are missing out on valuable knowledge and experience that could make a serious difference to your case. An attorney can help you take care of all the finer details of filling out all the paperwork and handling appearances in court. They can also provide expert guidance when it comes to making key decisions regarding the strategy and resolving your case.


When you bring a personal injury claim to court, it’s important that you are completely truthful about the entire process. Whatever you say in court and include in court documents has to be the entire truth. Misrepresentations or even exaggerations of the accident and the injury could be extremely damaging or even fatal to your personal injury case. Misrepresenting details about your case could lead to the court dismissing your claim or even issuing a sanction, which could result in evidence being supressed that makes it very difficult for you to pursue your claim.

Contributing to Negligence:

Unfortunately, it is possible to be both the victim of a personal injury accident while also being partly at fault. When an accident occurs, it’s possible for multiple parties – including the injured party – to be at some kind of fault. When you share some degree of fault or have contributed in some way to your own injury, it can be possible for you to recover some compensation but it’s unlikely to cover the full amount of your damages. It is also possible that you will not receive anything as a result. If the other party accuses you of contributing to negligence, it’s important that you are fully prepared. It’s important to know how to fight back and present the appropriate response to these accusations. Again, a good personal injury attorney can help.

Social Media Use:

If you have been injured through no fault of your own, it can be tempting to take your frustrations and anger to social media. And most of us today are used to sharing aspects of our lives with friends and family on social platforms. However, sharing information about your case on your social profiles can be a huge mistake. The things that you say on social media might end up being admissible in court. While courts might have been skeptical about social media a few years ago, today it is widely accepted as reliable evidence. Any posts that contradict the information you have given regarding your claim are going to be taken seriously and could end up making you lose the case.

Minimizing Injuries:

Remember that under the law, you deserve to be awarded full compensation for your injuries. When you minimize or play down the injuries that you have suffered, you will reduce the amount that you receive in compensation. While it’s natural to want to appear resilient and avoid conflict, don’t let your hope of resolving the issues quickly stand in your way of getting the full settlement amount that you deserve.

Lack of Documentation:

Documentation is a crucial part of any personal injury claim. You don’t just need to be able to prove when the accident occurred, but it is also important to provide information on how the accident took place and who was to blame for it. Documentation is crucial to back up your case and legal strategy to prove to and convince others that you have a great case. Records of medical care, police reports, photographs and incident reports are all a key part of the personal injury case process. You can also provide further documentation by keeping a journal or diary of how the injury has impacted the various areas of your life.


It is hugely important to be prepared for every step of your personal injury case. You will need to know exactly what each court appearance is for and have prepared what you are going to say in advance. It’s crucial that you come prepared with the relevant documentation when you are proving the value of your case. Your personal injury attorney will be able to work with you to go through the various potential questions and issues that might come up during the process, so that you are prepared to face and address them in a way that you feel comfortable and confident.

You can make a personal injury claim for almost any injury you might suffer due to the negligence or actions of another party. However, it’s not always easy to win, and making these common mistakes could lead to your case being lost.


You can make a personal injury claim for almost any injury you might suffer due to the negligence or actions of another party. However, it’s not always easy to win. You need to do all you can to improve your chances of a win, that’s why it’s important to know about what not to do, as making these common mistakes could lead to your case being lost.