Reasons Why People Lose Kentucky Personal Injury Cases

Reasons Why People Lose Kentucky Personal Injury Cases

The claims process in personal injury cases is often complex. Subsequently, there are plenty of opportunities for things to go wrong when gathering or presenting evidence, seeking compensation and communicating with insurance companies, among other aspects. You could inadvertently hurt your chances of winning your personal injury case if you don’t take the proper precautions, which people are likely to do if they’re inexperienced with these cases. The following are some of the reason why you may lose your Kentucky personal injury case and decrease the amount of compensation you’re able to recover.

Not Seeking Legal Counsel

There is a lot of paperwork involved in personal injury cases, including documents that you will file with the party you believe is liable for your injuries. In addition to the abundance of paperwork, a personal injury case will also require court officials to review all documentation and ensure that it’s in adherence to the law. The court will also want to make sure that all documents are filed before anticipated deadlines.

Throughout the claims process, injury victims may need to provide a signature for paperwork they haven’t read thoroughly and many not even understand. For instance, you could wind up inadvertently signing a document that has you admitting liability, waiving your right to file a lawsuit, or forfeiting other actions that you may wish to take. Without the help of an attorney to guide you through the process, you may be unclear as to what documents you should sign or avoid.

With a good attorney by your side, you’ll be able to benefit from a more experienced party who can help you avoid hurting your case by signing the wrong documents. Working with a lawyer can also make the entire process of filing a personal injury claim or lawsuit easier, particularly when dealing with insurance companies.


Many people consider personal injury cases to be an effective means of ensuring that liability parties are punished or winning money for their injuries. However, viewing personal injury cases the wrong way could lead to misrepresentation, especially if you’re without the support of skilled Kentucky personal injury attorney.

Any misrepresentation on the claimant’s part could lead to the denial of their claims, any counterclaims, or possibly even legal repercussions. Without sufficient evidence to support your claims, exaggerating the nature of an injury or engaging in other fraudulent behavior could lead to serious consequences for you and your case. It’s best to work with an attorney who can help you determine how to seek compensation without misrepresenting your injuries or other damages.

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Contributory Negligence

In most personal injury cases, both the claimant and defendant are normally found to share fault in an accident to some extent. If it’s determined that the claimant was more responsible for the accident than the other party, the insurer and courts won’t award any damages.

An attorney can help determine whether you share any responsibility in an accident and how this could affect your ability to recover compensation.

Insufficient Documentation

You should attempt to collect as much documentation around your case as possible to support your claims. Some of the documents you’ll need in a personal injury case could include police reports, medical records and bills, and receipts for replacing or repairing property damaged in the accident. Any documents that can serve as evidence to back your claims and calculate compensation are worth having.

You can also benefit from keeping a journal that details how the accident has impacted your daily life, including your general ability to perform menial tasks and return to work. A strong, consistent narrative could go a long way in helping you get compensation.

Misstating and Speculating

Throughout the claims process, you are likely to encounter a claims adjuster who will be your main contact point between you and the insurance company. Oftentimes, people lose cases because they either say the wrong thing, inadvertently admitting liability, or speculate too much about the nature of the accident or the motive of the defendant.

It’s best to simply state the facts of the case as you understand them. Remember, the insurance adjuster may seem friendly over the phone, but he or she will not be on your side. Insurance companies are looking for any reason to deny liability or reach the lowest possible settlement, so be careful what you say to the adjuster.

To help ensure smooth communication takes place with the adjuster, you can also have your Kentucky personal injury attorney speak for you in many cases.

Minimizing the Accident and Injuries

Some people lose cases because they minimize the severity of their injuries or the accident. People may minimize injuries because they want to appear tough in difficult situations, or they may simply not want to initiate conflict with individuals or business owners that they otherwise trust or rely on for goods or services.

If you minimize your injuries, insurance adjusters are more likely to reduce or deny the claim.

Saying or Doing the Wrong Thing Online

If you or your friends use social media, this could also hurt your claim in some ways. For example, if you claim that a debilitating injury has made it difficult to continue your daily life the way it was prior to the injury, and a photo or video on social media posted by a friend shows you dancing at a party with no signs of injury, this could be used as evidence against you.

Even making text posts that indicate that you’re not suffering in any way could also hurt your claim. When initiating the claims process and settling, it’s often in your best interests to avoid using social media altogether during this time.

Consult with an Experienced Kentucky Personal Injury Attorney

To avoid making any of these mistakes and potentially losing your claim, speak with an experienced Kentucky personal injury attorney to discuss your case. A reputable Kentucky personal injury lawyer like Larry Forman with Forman & Associates will be able to evaluate your case and help you seek the compensation you deserve while taking the right steps to mitigate the risk of having your claim denied. Contact Forman & Associates for a free no-obligation consultation, Don’t Wait, Call Now!


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Forman & Associates
The Forman Building
1139 South Fourth St.
Louisville, KY 40203

(T) (844) 4-DUI-GUY
(O) (502) 931-6788
(F) (419) 574-7156
Email: larry@larryformanlaw.com