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Personal Injuries

How You Can Lose Your Personal Injury Case

Statement of personal injury form with patient chart and pen.

People who lose personal injury cases frequently do so because they hired no legal representation, or they hired the wrong kind of representation. However, that aside, there are a number of things that can go wrong and end up in a personal injury case loss.

All things considered, it’s relatively simple to pursue a personal injury claim. You get a lawyer – first and foremost. Then, you tell your lawyer how you feel, and tell them what happened. Don’t overcomplicate it, don’t misrepresent anything, don’t embellish facts, don’t lie to your attorney, and don’t even think about doing anything without an attorney. That may well be considered the first and foremost cause of personal injury case losses.

Other than failure to hire a reliable, experienced attorney, let’s look at why people lose their personal injury cases.

Injury Exaggeration

You’re going to see a lot of information here regarding exaggerations, misstatements, misrepresentation, minimizing, etc. This can’t be stressed enough. If you’re injured, tell your attorney exactly what’s going on. Don’t make it out to be more than it actually is, but don’t underplay it either. In fact, don’t exaggerate anything!


Your past earnings could be the basis for determining what kind of damages you will receive regarding lost wages. To find this information, past tax returns may be used. Don’t be inaccurate where your taxes are concerned or provide inaccurate information regarding your wages.

Missing the Window

To seek legal help in your personal injury case, don’t wait too long. There’s a statute of limitations on pretty much everything. Different states have different statutes of limitation, however. This is only one of the reasons it’s so important to contact a lawyer immediately after your injury. Don’t miss your window of opportunity.

Hiding Information

In addition to not exaggerating and not minimizing, don’t hide anything. If you’ve been injured in the past, be upfront about it. Be truthful about job firings, past accidents, etc. Any and all information that could have anything to do with your case should be shared with your lawyer.

Not Being Prepared

Throughout every step of your case, you must be prepared. Know, in advance, what you need to say, when you need to say it, when your court appearance is scheduled, etc. Have any paperwork, videos, statements, etc. that your lawyer has requested ready and waiting.


While you should not exaggerate, neither should you minimize your injuries, how they’ve affected you, etc. Putting on a brave face is all well and good, but now is not the time. Don’t undersell yourself.

Misstatements and Speculation

There’s a simple rule when it comes to not knowing the answer to a question. Simply say that you don’t know. Don’t make something up, don’t lie, don’t speculate… Just say, “I don’t know.” You can unravel your entire case with one misstatement.

No Documentation

In a personal injury claim, documentation is crucial. You need to prove who is to blame, how the accident happened, when it happened, and more. Receipts, medical care records, photographs, incident reports, police reports, and more are all part of the process. Document absolutely everything!

Too Much Social Media

Regardless of how tempted you are, stay off of social media regarding your injury or the incident that caused it. Don’t think for a moment that insurance companies aren’t watching your social media accounts!


Throughout the entire process of filing a personal injury claim, be honest and upfront. Lies or misrepresentations will only come back to haunt you. It could, in fact, destroy your case.

Contributory Negligence

Just because you receive an injury doesn’t mean you didn’t have a part in what caused it. The fault of an accident can be shared, to some degree, by multiple parties. You may be entitled to lesser damages if you share some degree of fault.

Regarding Legal Representation

Don’t attempt a personal injury case without an attorney. Don’t lie to your attorney, exaggerate, or misrepresent anything. Don’t wait too long to talk to an attorney – contact one immediately following your injury. Here’s who to contact…

Do You Need a Personal Injury Lawyer?

If you or someone you love has been injured at the hands of another, don’t talk to any insurance agencies or accept any offers without first contacting Pazer, Epstein, Jaffe, and Fein, P.C. for advice.

Looking for a trusted personal injury lawyer in New York? Call our New York number: (212) 847-5007 or Long Island number: (718) 954-9986 to schedule a free consultation with us today.

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