Did You Lose Your Florida Personal Injury Case? Here are 11 reasons why.
Personal injury cases in Florida help people get the compensation they deserve when they are injured because of someone else’s negligence. The at-fault party does not always want to accept responsibility, so they will go to court to evade liability.
When that happens, it is up to the jury to decide whether a person is a victim and deserves compensation or is not a victim and does not deserve compensation. The following are 11 reasons you may lose a case.
1. You Did Not Hire a Lawyer
The sooner you hire a lawyer, the easier and more efficiently your lawyer can resolve your case. Personal injury cases are complex and must adhere to strict legal rules. The rules vary based on the details of your claim and the severity of your injuries.
Insurance companies have teams of lawyers working to protect their interests. Their goal is to pay as little as possible or nothing for your injury. Personal injury attorneys understand the rules of the game. They can hold insurance companies accountable and force them to accept their responsibility. On your own, you likely do not have the skill set needed to win a personal injury lawsuit successfully.
2. You Waited Too Long to File
In a Florida personal injury case, there are statutes of limitations that determine how much time can pass between the injury and you bringing the lawsuit to court. If you do not file a lawsuit before the statute of limitations runs out, your lawsuit will probably be barred. You will no longer be able to hold the at-fault individual liable for your damages or losses.
In Florida, the statute of limitations vary based on:
- The nature of the claim
- Who the alleged at-fault party was (private party, public entity)
- When the clock starts
- Unique factors that can extend the statute of limitations
As a general rule, the statutes of limitations for civil cases in Florida are:
- Wrongful Death – Two years
- Product Liability – Two or four years
- Personal Injury – Four years
- Medical Malpractice – Two years
- Professional Malpractice – Two years
Regardless of the circumstances of your case, Florida statutes of limitations and the nuances that surround them are the reasons you should bring your case to a Florida personal injury attorney promptly.
3. You Did Not Disclose Pre-Existing Conditions
Pre-existing conditions can play a role in a Florida personal injury case. An insurance company can use a pre-existing condition as ammunition to deny a claim. You must disclose all pre-existing conditions as the injured party when you file a personal injury claim. If you try to hide or minimize a pre-existing condition, this may cause you to lose your case. A pre-existing condition can be exacerbated by an accident. Disclosing it can lead to higher recovery amounts.
4. You Didn’t Present Sufficient Evidence
A Florida personal injury attorney will need to present evidence to establish the defendant’s (i.e. the at-fault party) negligence. This evidence includes:
- Proof that the defendant owed a duty to the plaintiff (i.e. the injured claimant)
- Evidence that the defendant breached said duty
- Proof that the breach was the actual and proximate cause of the plaintiff’s injuries
- Evidence that the plaintiff suffered damages
A good Florida personal injury attorney will know how a jury will view your case. The attorney must be knowledgeable enough to present sufficient evidence to persuade a jury that the defendant was negligent and that the plaintiff deserves compensation.
5. You Exaggerated Your Injuries
Despite what you see on television, a personal injury case is not the time to be dramatic. The last thing you want is for medical records to claim that you are dealing with excruciating pain and your gym records to show that you are lifting heavy weights every single day.
Expect the insurance company to have a private investigator follow you. From the time of the accident, you need to prepare as if the case is going to trial. Do not exaggerate your injuries. You often hear stories of people exaggerating their injuries with the goal of trying to get more money. It never works. It always backfires.
6. You Minimized Your Injuries
The aftermath of an accident is not the time to try to be brave or to put on a stoic face. What at first appears to be minor injuries could actually be serious and result in long-term disability. If you minimize the severity of your accident or do not tell your doctors about all the pain and discomfort you experience, you may only get compensation for the injuries you disclose. The worst-case scenario is that you lose your case because there was not sufficient evidence that you sustained an injury that merited compensation.
7. Your Social Media Posts
Referring to point five, you need to act as if the case is going to trial from the moment you are in an accident. Insurance companies are going to hire private investigators to evaluate the validity of your case.
Besides following you around and seeing what you are doing day-to-day, they will also review your social media posts. If on social media there are photos of you engaging in activities that you said you could not do because of your injury or there are videos of you exerting yourself in ways that you claim aren’t possible because of your accident, the defendant will use all of this against you.
8. Comparative Negligence Can Impact a Florida Personal Injury Case
If you are texting while driving and a drunk driver slams into you, can you pursue damages from the drunk driver? Most likely, but you may not get the full compensation you are pursuing. Florida adheres to the negligence standard of pure comparative fault. If the jury finds that you are 51 percent at fault, you will only get 49 percent of the compensation you are pursuing.
9. Inadequate Documentation
A personal injury claim will require several types of documents or evidence. The documents you need will vary based on the accident, the injury, and the resulting damage. Failure to have any of the following basic documents could cause you to lose your case.
- Bills and invoices
- History and research
- Insurance
- Medical reports
- Official Reports
- Photos, videos, or audio
- Physical evidence
- Statements and notes
- W-2 forms showing lost wages
10. Inaccurate Tax Returns
Tax returns show proof of lost wages and likely future earnings. Any error in your tax returns can negatively affect the amount of compensation you get. If a plaintiff or claimant in a personal injury case is looking for compensation for past lost wages or loss of wage-earning capacity in the future, tax returns are typically relevant. In many cases, using them is the easiest way to prove these claims.
11. You Did Not Work as a Team with Your Florida Personal Injury Attorney
You may lose your case if you do not present your attorney with all the facts. You need to trust your attorney and work with him or her as a teammate. Don’t hide the details that you think are unimportant or that you think might make you look bad. It is the job of your attorney to decide what is and is not important for your case. Your legal team can only be effective if you work with them cooperatively.
Conclusion
It is difficult to navigate a personal injury case in Boynton Beach, Florida. There are several factors to consider that can make the difference between success and failure. Work with veteran lawyers who know the ins and outs of the Florida legal system and who will do whatever they can to make sure you get the justice you deserve.
