5 Things That Can Derail a Personal Injury Claim


Have you been injured in public, in a store, or even at work? Is that injury now affecting the rest of your life?

Going for a personal injury claim is never a fun process, but in some cases, it’s worth it to make sure you get compensation for the hardship you’re suffering as a result.

However, there are a few things that can derail your case before it’s even heard. Here are five such things.

Going for a Settlement too Soon

The process for personal injury litigation is long, drawn-out, and very frustrating. It must be this way because all parties must ensure they have all of the evidence and they have presented it in a way that is fair and gives each side ample time to counter.

When claimants are frustrated about the length of the process, it’s all too common for them to pursue a settlement too soon, and this could mean they either don’t get what why are owed or, if it fails, it could reflect negatively on their case.

Trying to ‘Go it Alone’

If you’ve ever watched a legal program and thought, ‘I could represent myself!’ then please, think again!

In their article about the stages of personal injury litigation, professional personal injury lawyers Brown and Crouppen state: “Television presents a very abbreviated view of the litigation process which can cause confusion for clients in that situation.”

However easy you think your case is, however obvious it may be to you, it is vital that you get a professional and experienced lawyer on your case to fight your corner for you. This is what they’re trained to do, and they will be able to do it much better than you on your own!

Not Keeping Hold of Evidence

Evidence is crucial in order for you to have your case heard fairly. It’s the role of a judge to be impartial and hear the case that is presented before them, which means you need to present all of the evidence you have.

In this case, it’s always worth having more evidence than you think you need. You can always choose not to use evidence, but it’s very hard to collect evidence retrospectively.

Incomplete Medical Records

Medical records are the backbone of a personal injury case, especially when it comes to claiming the impact of your injury and working out how much compensation you are owed (if any).

Always visit a specific accident doctor and get a full medical report; if needs be, follow up to see how your injuries are healing and get a report on the follow-up.

No Consideration of Mental Health

For many people, just the idea of bringing a personal injury case against a company is frightening enough, but if you add to that the pressure of the initial injury, there is a risk of real mental health effects.

Many claimants don’t give enough consideration to the mental health impacts of their injury when discussing their claim. It’s important to be really clear about how your injury has made you feel emotionally as well as what’s going on medically.