Five Factors That Might Weaken Your Personal Injury Case

Preparing a good personal injury case should include carefully looking out for any weak spots in your argument that could be exploited by the defendant's attorney. Small oversights on the part of either you or your attorney could make the difference between a large settlement and a lost case.

The following are five of the most common factors that could weaken the strength of a personal injury plaintiff's argument:

1. Inadequate documentation

Documentation is probably one of the most important factors when it comes to winning a personal injury case.

Pictures of the scene where the accident occurred help to prove the negligence of the defendant. Other important documentation includes medical records and police reports.

2. Neglected medical treatments

If a patient neglects medical treatment for the personal injury in question, it doesn't look good in the eyes of the judge. Neglected medical treatment could lead a judge to believe that the plaintiff is just out to make money off of the situation rather than recover just compensation for injury damages. 

It's important that plaintiff's not only attend all doctor's appointments and follow all prescribed treatments, but also that they carefully document their treatment and their efforts to recover. 

3. Lacking quality expert testimony

Your relationship with your doctor is always important when you're being treated for a health condition. However, it's especially important if you're trying to win a personal injury case.

You'll need your doctor to provide expert testimony to help strengthen your claim that your injuries were caused by another party's negligence. This means that your doctor will not only need to be willing to help, but must also be a credible expert practicing in the appropriate medical specialty to lend believability  to your case.

4. Poor communication between lawyer and client

Throughout the discovery phase of your personal injury case, you'll need to carefully cooperate with your attorney to help him or her form a solid case.

Make sure you're answering all phone calls and e-mails from your attorney as soon as possible. Also, make sure that your attorney is aware of what your goals or needs are during settlement negotiations. 

5. Lost or thrown away evidence

Any evidence left at the accident scene needs to be carefully preserved so that it is available for use in court. Too many personal injury plaintiff's thoughtlessly throw away evidence in the midst of the chaos that ensues after their accident. 

For example, footwear that was worn at the time of a slip-and-fall accident is highly pertinent to the case, but it is often tossed aside in the rush to get treatment. Try to retrace your steps to uncover any evidence that could help you win your case. 

To learn more about hiring a personal injury lawyer, contact a law firm like Marquard & Associates. 

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