During a trial, Mattoon personal injury lawyers must be prepared for strategies that defense attorneys use to probe cases for weaknesses. Flaws or disadvantages that were overlooked by insurance adjusters might be easily uncovered during the early stages of a trial.

Settlements and Trials

Before a case goes to trial, your attorney can decide which information insurance companies will receive. During settlement negotiations, insurance adjusters will question the validity of your claim and try to cast doubt on your story. Any admission can limit the amount of your settlement considerably. Once a case goes to trial, defense attorneys use even more aggressive techniques to scrutinize your claim.

Things That Weaken Injury Claims

In the discovery phase of a trial, attorneys secure and review medical records, depose witnesses, request additional documents and hire experts to review the evidence. Thorough investigations can reveal many potential weaknesses. For these reasons, you might have a stronger settlement claim and a weaker court case. If flaws are discovered during settlement negotiations, you may only be entitled to a small payment.

A few of the most common things that can harm your injury case are past convictions, alcohol use before the accident or soft-tissue injuries that are difficult to prove. You will also have more difficulty proving your injuries if you aggravated a pre-existing condition or sustained additional trauma after the accident. To learn more, see this article on nine common weaknesses that can hurt your case.

Contact Our Mattoon Personal Injury Lawyers

Discussing potential weakness with your attorney is the best way to protect your case. This allows your lawyer to value your case accurately and work to achieve a fair settlement. If you have been injured, contact the Mattoon personal injury attorneys at the Law Offices of McCarthy, Rowden & Baker online or by phone.