When building a personal injury case, there are many areas where it can go wrong. To prove that someone else is liable and should pay for damages is not an easy thing, no matter what your favorite TV drama might tell you. That’s why it’s important to have knowledgeable, experienced attorneys on your side who have been in every different situation and know how to overcome legal setbacks. Still, even with the best lawyers in your corner, your case can face uphill challenges. Here are some of the most common problems a personal injury case can face:
1) Additional Injuries
If you’re trying a case based on injuries to part of your body, the last thing you need are additional injuries to the same area. Whether those extra injuries happened before, and are a pre-existing condition, or happen afterwards, either way your case just took a hit, because now you have to prove exactly what injuries were cause for the case in question, and it’s up to the physician to determine exactly what damage — and its effects — are from the case at hand.
2) Prior Legal Dealings
If you have had dealings with the legal system before, this can be a problem. For example, if you have a criminal record of any sort, it can lead to problems with your credibility, which can go a long way towards deciding the outcome of your case. Even if you don’t have a criminal record, being involved in prior cases can cause its own problems. If the opposing attorney can make the claim that you are a “professional claimant” — someone who sues people regularly — this goes a long way towards damaging your credibility and your case.
3) Alcohol Consumption
The use of alcohol can be especially damaging to a case, especially when it comes to the issue of liability. Even if your injury was not a result of your alcohol consumption, being under the influence at the time can make liability much more difficult to prove.
4) A Strong Defendant
This one makes sense, but it needs to be mentioned: a strong defense makes it harder for you to prove your case. However, in addition to a strong defense, a charismatic or likable defendant can also make it harder. Since personal injury cases are often decided by juries, a personable, likable, or seemingly vulnerable defendant on the stand can make it harder for a jury to decide in favor of the plaintiff.
5) Burden of Proof
Ultimately, a personal injury case, even with all the evidence thrown in, is difficult to win in most cases because the burden of proof rests solely on the plaintiff. The defendant does not have to prove that he or she did not do something — you and your attorney have to make the case instead. Without proper evidence, this can be almost impossible.
