There are many things that the Phoenix personal injury lawyer does not want to see when handling a client’s case. Any of these things can cause a lot of problems for the personal injury attorney. In addition, they reduce the amount of money that will be given to the personal injury victim as well as money for the attorney under the contingency fee arrangement. If clients can keep these things from happening, that will maximize the clients’ chances of getting the maximum amount possible from their personal injury cases.
Lack of medical treatment by the client can turn a viable personal injury case into one that is worth nothing. If a personal injury victim is not seeking treatment, he or she is not considered injured. The burden of proof belongs to the victim when it comes to proving injuries from an accident. It is understand that many people are reluctant to go to the doctor for any reason. But those that try to heal on their own without medical treatment from physicians generally cannot win their cases since it will be difficult to prove that the victim is actually injured.
Related to the problem of not seeking medical treatment is the missed appointment. Although many people miss doctor’s appointments for many different reasons unrelated to the injury, missing appointments is another sign that the victim may not really be injured. It is important to not miss any appointments. The Phoenix personal injury lawyer prefers that victims reschedule the appointment instead of missing it. Nevertheless, it will be easier for the personal injury attorney to win a case if the client is compliant with the schedule for medical treatments.
At any point during a personal injury case, the defense may be able to successfully argue that the victim was partially or completely responsible for the accident. If this happens, the amount that can be recovered by the Phoenix personal injury lawyer in a lawsuit may be reduced significantly due to the shift in negligence. Statements made by witnesses or statements made by the victim in a deposition may result in the determination that some or all of the negligence goes to the victim. The lawyer will try everything to keep this from happening. Since Arizona is a comparative negligence state, the victim can get compensation even if he or she was mostly responsible for the accident. For example, a damage award of $10000 would be reduced to $100 for a victim that was 99% responsible since 1% only responsibility was on the other party.
Another potential problem for the Phoenix personal injury lawyer is trying to prove that the victim’s injuries really came from the accident. Insurance companies for the defense can and do try to claim that injuries had existed prior to the accident. Only injuries that arise from the accident can result in compensation. For example, a personal injury victim may have back problems prior to the accident. If the back injury gets worse due to the accident, then the victim is entitled to compensation for the back injuries since they got worse. However, proving that injuries really got worse can be a lot of work for the Phoenix personal injury lawyer.
Finally, the personal injury lawyer does not want to see victims lying or exaggerating their injuries. Many victims don’t realize that the defense is quite good at figuring out when there is a lie or an exaggeration. When patients exaggerate their injuries, they often don’t present the right symptoms for that to occur. That can make it possible for the defense to discredit the victim via expert medical testimony. That is why personal injury attorneys don’t want clients to lie or exaggerate anything regarding the case.