In a perfect world, you would never get injured. However, we do not live in a perfect world. Some people cause accidents and, unfortunately, injuries happen. As a result, a personal injury case may not be cut and dry…
We all know the cause of an accident isn’t always black and white. Sometimes, even though an individual caused you to suffer personal injuries, it may be difficult to bring a suit against him or her. Some examples of “bad facts” for you to consider prior to bringing suit can include:
- You did not suffer a very serious injury; therefore, it may not make sense to bring a claim.
- You may have been rear-ended, but you were coming home from the bar and had two drinks before the accident happened.
- The accident occurred at night and you have a history of having trouble driving in the dark.
- You were not wearing your glasses when the accident occurred.
- You were on medication that may have affected your impairment when the accident occurred.
- You have a history of filing personal injury lawsuits.
- You were injured at some point prior to the accident and have already been treated for injuries similar to the injuries sustained in the accident.
For example, you have had a bad back for years but you receive medical treatment for your back as a result of the accident. The defendant may say that he did not cause your back injuries but that you already had those injuries.
It is hard to prove that the defendant actually caused the accident.
There could be varying and/or conflicting stories as to what actually happened and the evidence does not indicate fault on the part of the defendant.
When deciding whether or not to bring a personal injury lawsuit against a defendant or defendants, you should always have your case evaluated by a reputable personal injury attorney. He or she will review the strengths and weaknesses of your case and give you an opinion as to the likelihood of your success.
The important thing is not to lie to your attorney. It is best to tell your attorney everything that could affect your case—even if you think it’s irrelevant, embarrassing, or illegal. It is better to be open and honest with your attorney from the very beginning rather than have the defendant’s attorney bring it up later down the road.