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:
WHY ARE PERSONAL INJURY CASES LOST
NECK & BACK INJURIES
Neck and back injuries are among the most common injuries. They can result from a fall or from a motor vehicle accident or other causes. These may go undetected at first, but may later become disabling. Some of the most common injuries we have seen include the following
EXAMINATIONS BEFORE TRIAL
Some states, including New York refer to a deposition as an examination before trial (EBT). In a civil personal injury case, you are entitled to orally examine your adversary prior to trial. The examination before trial is a useful discovery device that should rarely be waived. The purpose of an examination before trial is to learn as much as possible about your adversary's position.
Anatomy of a Personal injury Case in New York
If you have been injured from a motor vehicle accident or a fall, your first trip may be to the hospital. At the hospital you will be asked how the injury happened. This will usually be documented in the hospital record. Following the discharge from the hospital when you see your attorney, the attorney will have you sign a retainer agreement which provides for the attorney's fees, usually being one third. Legal action will follow, if no reasonable offer is made by the insurance company, to settle your case.
