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If you have recently been injured in an accident caused by someone else’s negligence, you should not be stuck with the medical bills or property damage expenses that the accident may have caused. Unfortunately, in many instances, the negligent party does not take responsibility for their actions or the insurance companies refuse to help out. If this situation sounds like yours, you are in need of a personal injury lawyer. Even in these circumstances there are a few things that can weaken or invalidate a personal injury claim. Here are 6 of the major factors that might make your case less likely to succeed.
- Cases involving minor impact or no damage – If you have sustained a serious physical injury but photographs and property damage showed little or no damage, a jury is unlikely to side in your favor. If such cases are even successful, the award money will probably be significantly less than a case with significant property damage. This is the sad truth.
- Cases affecting a preexisting injury – For example, if you have had numerous surgeries on your lower back and then your lower back is injured in an accident, juries will typically attribute the majority of the problems to your preexisting condition.
- Cases at or past the statute of limitations – Many people try to work with the insurance companies or negligent parties themselves before seeking the help of a lawyer. If you wait too long your case may pass its statute of limitations, after which nothing more can be done to get the compensation you deserve.
- Cases where you are found to be at fault by a police officer – If a police officer, after conducting interviews and reviewing the scene of the accident, decides that you are at fault or mostly at fault then there is probably very little that a lawyer could do for you.
- If you have a history of accident claims – Even if you have a strong case with evidence of physical damage and medical testimony, it can still be weakened if you have entered into a high number of accident claims in the past.
- If you have a criminal record that contains fraud or deceit – Legitimate cases can often be weakened or lost if you have a history of dishonesty.
Many lawyers might be unwilling to take on your case if the 6 conditions listed above apply to you. These factors greatly limit a case’s chance of success and if such a case is won it will almost assuredly limit the amount of money awarded by the court. Even if some of the situations described above apply to your specific case, a Utah personal injury attorney (or an attorney in your area) can undoubtedly help you. Call us at (801) 506-0800.