Why Plaintiffs Lose in Personal Injury Cases — and How to Avoid It

Accidents can wreak havoc on the lives of their victims. Beyond the impact of the personal injury itself, victims often face significant medical bills, long absences from work, and emotional pain that can last for years or even decades. There is a common public perception that if a person is injured by someone else, they should win if they pursue a personal injury lawsuit. Unfortunately, many plaintiffs lose their cases, often due to avoidable reasons. The good news is that you can increase your chances of winning by working with a Tifton injury lawyer.

Here are a few of the most common reasons why personal injury plaintiffs lose their claims:

Insufficient Evidence

The burden of proof — i.e., the responsibility to prove one’s side of the story — rests on the plaintiff in civil actions, including personal injury actions. Civil cases require the plaintiff to meet their burden of proof by a preponderance of the evidence, which means that it is more likely than not (51% or greater) that the plaintiff’s claim is true. While this is a much lower standard than the “beyond a reasonable doubt” standard used in criminal law, it’s still no cakewalk. If the judge or jury finds each side equally convincing, the plaintiff loses.

There can be shortcomings with the plaintiff’s evidence in many ways, such as:

No photos of the accident
No witnesses to the accident
No police report
Missing or incomplete medical records
Lack of documentation for lost wages and medical expenses

To avoid such evidentiary deficiencies, take photos of the accident immediately after it happens (if possible). Seek medical attention promptly after the accident and keep a meticulous record of your medical treatment. If there were witnesses to the accident, obtain their names and contact information. It also doesn’t hurt to keep a journal of your symptoms and how your injuries have affected your daily life. For more information about preserving evidence for a personal injury action, speak to a Tifton injury lawyer.

Engaging in Negligence

Very few accidents are completely black and white; in many cases, the injured plaintiff was at least partially responsible for the events giving rise to the injury. The good news is that negligence by the plaintiff is not a bar to recovery — up to a point. Georgia follows the comparative negligence rule, which holds that a plaintiff may recover damages against a defendant so long as the plaintiff’s share of the negligence was less than 50%. For example, comparative negligence could come into play if a plaintiff was injured in a motor vehicle accident, but the plaintiff was speeding at the time the accident occurred. While there’s no way to cure participatory negligence after the fact, potential plaintiffs should at least be aware of the doctrine and the limitations it may have on their claims.

Delay or Failure to Seek Medical Treatment

Medical records are often crucial in personal injury actions, as they help the judge or jury determine the severity of the plaintiff’s injuries and how they are likely to have affected the plaintiff’s life. That’s why delaying medical treatment or failing to seek it can be devastating to a personal injury claim. For example, assume that a plaintiff suffers a severe hip injury in a slip and fall accident, but doesn’t see a doctor for a week or two. The defendant could use that delay to argue that the plaintiff’s injuries are not as severe as they claim, and by the time the plaintiff seeks medical care, the true extent of the injury may not be apparent due to initial healing. To avoid gaps in your medical treatment record, always seek medical attention after an injury that someone else may be responsible for, even if you think you feel fine. After that, follow your doctor’s treatment plan and keep detailed medical records.

Inconsistent Statements

A serious injury is the beginning of a long journey — first to medical treatment, then to insurance investigations, then to conversations with an attorney, then to depositions, then to settlement negotiations or trial (in some cases). There are many points along that journey where the plaintiff has to tell their side of the story, which means there are many opportunities to fudge the details. Inconsistencies in the plaintiff’s statements can be harmful to their credibility and provide easy opportunities for the defense to cast doubt on their claims. One way to avoid inconsistencies is to tell the truth, do not exaggerate, and answer only what is asked. To be even more sure to avoid inconsistencies, you can let a Tifton injury lawyer handle your communications about the accident.

Social Media

Statements do not need to be verbal; social media posts can also be considered “statements,” and those statements, if inconsistent with the plaintiff’s claims, can likewise land them in hot water. Plaintiffs should keep in mind that anything and everything they post on social media can be used against them. For example, suppose a truck accident victim is in the midst of a personal injury action seeking damages for severe back pain, but then posts photos at a trampoline park jumping with their children. Insurance companies and defense attorneys will use that post to argue that the plaintiff is lying, or at the very least exaggerating, their claims. To avoid social media mistakes, set all your accounts to private and refrain from posting anything about your lifestyle during the litigation process.

Avoid a Loss With Help From a Tifton Injury Lawyer

By far the most avoidable mistake plaintiffs make that causes them to lose their cases is not working with an experienced attorney. Personal injury attorneys are skilled at shepherding their clients’ claims through the litigation process and know how to avoid every pitfall described herein and many more. If you’ve been injured due to someone else’s negligence, your best bet for winning your case is to work with a Tifton injury lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.