Not every personal injury case is successful. There are various factors which may contribute to a losing case in court. Here are a number of reasons why your personal injury case may be lost:
Liability- The jury may find that your injury was not caused by the negligence of the defendant or that the negligence of the defendant was not a substantial factor in causing the accident. An experienced attorney will present your case to the jury in the most favorable light.
Credibility- The jury may find that you are not credible or that your testimony is contradictory or not worthy of belief. Any discrepancy with the hospital record, police report or other critical evidentiary record can harm your case. For example, if you fail to disclose prior accidents involving similar injuries, you may harm your case. All prior accidents involving injuries to the same parts of the body should be disclosed and any aggravation of a pre-existing injury or medical condition should be claimed.
Expert- The jury may find that you have not proved your case by a preponderance of the evidence. If no expert has been called and it is simply your version of the facts against the other party’s version, without an expert’s opinion, you may lose your case. An expert opinion to explain the cause of the accident, particularly in premises liability cases is often necessary, and without it you may lose your case.
Serious injury- You may lose your case if you have not established a serious injury under New York State Law. This may be due to your failure to seek medical treatment, or lack of objective testing including an MRI, EMG, or X-Ray, to confirm subjective complaints of pain and disability, or confirm a clinical diagnosis made by your doctor.
Representation- your failure to retain an experienced personal injury attorney may result in an unfavorable ending. A lawyer will perform an investigation, contact witnesses, examine the location of the accident, arrange to have photographs taken and contact the applicable insurance carrier(s). If you are self- represented or handle your case without a knowledgeable lawyer, you may not be able to identify legal issues or you may settle your case for less than it is worth.
At Cohen & Cohen law Group, P.C., our attorneys and staff understand the severity of personal injuries and the limitations such injuries may cause. If you have suffered an injury as a result of someone else’s negligence, at our firm you will find a legal team prepared to fight on your behalf. We will go over the options available to you, and make sure your needs are handled quickly and appropriately. The founder of the firm, Albert Cohen, is member of a prestigious Million Dollar Advocate Forum and has been ranked as a Superb by AVVO, the highest ranking given by the organization. If you have been injured, contact us today for a free legal consultation with a highly experienced attorney at 718-275-7779.