Given our extensive experience working within the legal community as well as the countless hours spent in discussions with judges and jurors, we at Cohn & Swartzon have compiled a list of the three largest mistakes that can ultimately wreck your personal injury case. While not all cases are the same and there are always exceptions to these rules, we believe the following list highlights the most common yet dreadful mistakes attorney’s and their clients can make:
- The Client is Referred by the Lawyer to a Suspicious Doctor – Jurors are highly suspicious of lawyers and doctors working in a referral relationship. Insurance companies make it a point to cross check how many times a lawyer has referred a particular doctor over a given period. How suspicious do you think the jury will be of the doctor’s testimony if they find out he has treated 50 patients from the same lawyer over the last year?
- Misrepresenting Loss of Wages – In most all cases, the victim will have to prove that the injuries sustained resulted in a loss of income. If tax returns are incomplete or non-existent, it is very hard to claim a loss of income and doing so without the proper records could send the claimant to jail. Further, insurance companies often hire private investigators to monitor activity levels in larger cases. So if you are claiming that you cannot walk or bend down and it hinders your ability to work, but there is video evidence that shows you doing all these things, you can forget about your claim.
- Trying to Hide Past Injuries – Insurance companies have easy access to your medical records and therefore are able to view your whole medical history. If you have been in other accidents or have a previous medical condition, your lawyer can investigate this and determine the proper steps to move forward. If, however, you hide your history from your lawyer, and try to misrepresent your medical history to the insurance company, it is almost guaranteed that you will lose your case.
For all these reasons it is important to discuss everything with your attorney so he or she can deal with any potential issues. Your lawyer is on your side an there to represent you at every step in your claim.
Ultimately what must be proven to win a case is that someone else was negligent or careless and that it was their negligence or carelessness that caused your injury. At Cohn & Swartzon, it is our duty to prove this. We encourage you to bring your personal injury case to our accomplished attorneys at Cohn & Swartzon, regardless of the type of accident or injury you have suffered from. Contact us today and sign up for a free case evaluation!