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While filing a catastrophic injury lawsuit can help you get justice and compensation if you win a settlement, these claims are not necessarily easy wins. There are several reasons why catastrophic and personal injury lawsuits fail, and you’d do well to learn from other claimants’ mistakes. Work with an injury attorney at Rossman Law Group and follow their advice as you move through the lawsuit process.
Posting on Social Media
Social media is one of the most common pitfalls for claimants in catastrophic injury cases. You may not think you’re hurting your case by posting about your recovery, but the Internet is a public forum. The defendant’s attorney or insurance company can monitor your posts, waiting for you to contradict yourself or inadvertently downplay your injury.
While your lawsuit is active, your catastrophic injury attorney will advise you against making posts on social media. Stay mum until the case is resolved and you increase the likelihood of a settlement.
Misrepresenting the Facts
While you may be tempted to present evidence in a way that favors you, take care not to embellish or misrepresent any objective facts. If you are genuinely the victim in a car accident, for example, there will be plenty of documented evidence supporting your claim. Avoid twisting that evidence around to make yourself look more injured than you really are.
Hiding Relevant Information
When you present a catastrophic injury case in court, you need to tell the full story. In order to adequately represent you, your lawyer has to know all relevant information—even if you think it makes you look bad.
If your injury occurred in a car accident and you have a history of getting into car crashes, don’t obscure that fact from your attorney or the court. The defendant’s legal team may dig up your history and leave you and your lawyer blindsided. Hiding relevant facts from the court can discredit you as a plaintiff and may lead to your case getting thrown out.
Have you suffered a catastrophic injury due to another party’s negligence or recklessness? Prepare a strong case with your attorney by keeping in mind the reasons why catastrophic injury lawsuits can fail. When you know what the most common pitfalls look like, you can easily avoid them.
