Ten Ways You Can Hurt Your Case

The Top Ten Ways to Lose a Case

There are some common mistakes people can make with their claim or lawsuit. The choices you make and your actions can impact the outcome of your case. By taking an active role in your case, keeping the lines of communication open with your attorney and carefully following their advice you can only increase the chance of a successful outcome. Below are the best ways to damage your case:

1. Represent Yourself

Acting as your own counsel is certainly not advisable. Qualified legal representation brings knowledge, skills and experience to the table. Many personal injury cases require specialized knowledge with medical, social security and workers’ compensation issues. Before you even fill out the first insurance form, it is advisable to obtain legal representation.

2. Put it Off Until Tomorrow

By hesitating in making an insurance or workers’ compensation claim, you run the risk of losing valuable documentation. Consulting with legal counsel immediately allows you to consider every possible option of a case. By waiting, you can short change yourself and damage your chances for recovery.

3. Select the Wrong Attorney

One the best methods of locating a good attorney is to ask around. Word of mouth is a good way to generate names of attorneys. A general practitioner may not have the same expertise in personal injury cases that an attorney whose sole practice focuses on personal injury. Check educational and professional backgrounds. Ask about their success rate. Ask for a list of references and call those people. See if they are rated in the Martindale Hubbel law directory. Remember credentials and experience make the difference in how your case proceeds.

4. Go Through Many Attorneys

If you hire and fire attorneys over and over you can severely undermine your efforts. Many times clients who do this simply don’t have the patience for the legal process. If you do your research before hiring an attorney there is much less likelihood you will have to part ways down the road. From the attorney’s perspective, clients who have gone through a number of lawyers look problematic and may not be a good candidate to represent.

5. Bargain Hunt

One maxim that applies to the legal arena: you get what you pay for. Medical malpractice cases can be particularly complex and require specialized professionals. Always inquire what the customary fees are for your type of case. It is customary for personal injury attorneys to charge a percentage of what is recovered. Just as you wouldn’t cut corners on medical care, you don’t want to jeopardize your claim or case by hiring an attorney based solely on fees.

6. Be the Strong Silent Type

If you fail to communicate with either your physician or your attorney, you are risking the outcome of your case. In court a physician can testify about symptoms as long as you shared them at the time of your injury. Complaints and limitations you have suffered that don’t appear in your medical records will not have much of an impact in a case.

A very common mistake is saying too much to the wrong people. It is obviously important to be open and frank with your attorney and doctor. However, it is not advisable to share much with medical providers and other attorneys. When involved in a case, talking to the wrong person can be devastating to the outcome. Be sure to pay attention and assume that those “nice” people you are talking with are recording everything you say. Consult your attorney before you answer anyone else’s questions.

If you really want to lose your case, ignore your attorney’s advice. Go against your lawyer’s wishes and speak freely with the insurance representatives when they call you. Surprise your attorney in court when the insurance company presents your damaging statement. By not following your attorney’s advice, you are putting your case in jeopardy.

Do you really want to lose your case? Then lie. Lie to your attorney. Lie to your doctor. Exaggerate your symptoms - it will be easy to challenge in court. By lying or exaggerating in the defense’s “independent” medical examination is another good way to lose your case. At that point you can lose all your credibility. Never lie. It is counterproductive to your case. It is especially harmful if you lie to your attorney. Surprise information from the defense that you were aware of can be devastating to your case.

the outcome of your claim or case depends upon how well you do your homework. Hire the best lawyer. Be prepared. Testify truthfully and accordingly. Legal cases are always won during the preparation - not at trial. Attend every medical appointment, strictly follow medical advice and treatment. Pay close attention to your attorney’s instructions for preparation of defense medical examinations, depositions, hearings and trials. Be involved in your case.