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10 Reasons You Lost Your Personal Injury Case

When you’ve been seriously hurt in a car accident, you may feel consumed by the need to put your life back together. You’re ready to feel better, recover fully and collect the damages you’re owed. You feel sure your personal injury case will make all this possible.

Naturally, you’re shocked and profoundly disappointed to learn that you lost.

How can this be? Medical bills and other expenses are mounting. Your job is on the line. You were confident you’d win and recover the damages to make things right again. What happened?

10 Reasons Your Personal Injury Case Was Unsuccessful

Most victims tend to have high expectations for how their personal injury case will resolve. Unfortunately, no lawyer can or should guarantee that your case will win. But keep in mind that attorneys don’t accept cases unless they feel fairly confident about the outcome. Like you, they are fully invested in the case because they will absorb all of the costs if you lose.

Here are some of the most common reasons why your case may have lost:

  1. Lack of legal representation: Many people lose their cases because they didn’t hire a lawyer to protect their legal rights.
  2. Comparative fault: In Hawaii, you can only be compensated for serious injuries if you are less than 51 percent to blame. If you were assigned more fault for the accident that injured you, you lose your right to compensation altogether.
  3. Medical attention: It’s important to seek medical care even if you don’t immediately feel hurt. Otherwise, the insurance company may try to blame your injury on another accident or preexisting condition.
  4. Giving ammunition to the other side: You may have divulged important details to an insurance adjuster before talking with an attorney.
  5. Inadequate preparation: Cases that are successful are organized and crafted from a 360-degree perspective. Yours might have been lacking in an important area.
  6. Loss of credibility: If some of your statements or actions were inconsistent, this could open the door for the adjuster, judge, or jury to question whether you told the truth.
  7. Weak evidence: Personal injury cases require strong evidence to be presented in a way that supports your claim. Not knowing what evidence is necessary, or how to get it, can hurt your claim.
  8. Poor judgment: The other side may have taken advantage of your posts on social media and used them to cast doubt on your injuries.
  9. Injuries: Did you minimize or exaggerate your injuries in ways that may work against you?
  10. Hide anything pertinent: For instance, did you fail to disclose a criminal record or any past accidents? Your attorney needs to know anything that could hurt your case.

There’s another reason that your case might have lost. It’s plain, simple, and no one likes to admit it: Your lawyer might have messed up. At Recovery Law Center, we’d be happy to review your case to see if any errors occurred and if any new legal avenues are open to you.

Can You Reopen a Personal Injury Lawsuit in Hawaii?

In general, it can be difficult to reopen a personal injury case if a settlement or judgment has been signed.

A signature makes it difficult to continue to litigate your case unless the agreement didn’t include a release of liability. Without a signed release, you can continue to negotiate. An experienced personal injury lawyer can protect your rights through this process.

Contact Recovery Law Center Today

If you’ve been injured in a Honolulu accident, you can count on Recovery Law Center to fight for every dime you deserve. There’s nothing to lose and everything to gain by scheduling a no-cost case review with an Oahu personal injury lawyer. Call or contact us today for your free consultation.

Glenn Honda

For over 25 years, attorney Glenn Honda has helped people injured in accidents throughout Hawai’i get the best outcome for their case, whether it’s maximizing their settlement, or balancing costs and risks vs. putting the whole experience behind them. As the founding attorney of the Recovery Law Center, he is passionate about helping his clients with their physical, emotional and financial recovery. Mr. Honda will fight to get you coverage for your medical bills, lost wages, damaged property and other costs related to your accident.

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