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Strengthen these potential weaknesses in your car accident case

On Behalf of | May 27, 2025 | Firm News

Legal action is warranted if you’ve been injured in a car accident caused by someone else’s negligence. To succeed on one of these claims, though, you have to have compelling evidence that tells a convincing story. In other words, the defendant likely isn’t going to hand over cash without challenging you to a certain extent, even if your case winds up settling through negotiations.

Therefore, you have to prepare for trial every step of the way. Only then will you know that you’ve done everything possible to maximize your chances of holding the defendant accountable and recovering compensation. Part of this involves identifying weaknesses in your case so that you know where you’re vulnerable to attack and how to mitigate the harm caused by aggressive defense arguments.

Be aware of these potential weaknesses in your personal injury case

The weak points in your case can be difficult to figure out, and every case is different. However, here are some common weaknesses that you need to be aware of as you move forward with your case:

  • Comparative fault: This is one of the most common defenses deployed in personal injury cases. Here, the defense claims that your actions contributed to the wreck, arguing that you are thereby partially to blame for the crash in question. If they’re successful in raising this argument, then the jury might apportion some of the fault to you, which can significantly decrease the amount of compensation that you recover.
  • Witness credibility: The defense will go on the attack when cross-examining your witnesses. Their goal here is to attack witness credibility, which, if successful, will damage the reliability of their testimony. If successful, the defendant may raise significant doubt as to how the accident unfolded, who is to blame for the accident and whether your damages are as extensive as you claim them to be.
  • Incomplete evidence: To you, the damages suffered in your wreck might seem obvious. But a jury may not see your losses as clearly as you think. If you rely on an assumption that your damages are easily noticeable and assessable, then the defense will swoop in to argue that there’s insufficient proof to support your claim. This can be disastrous in the damages stage of your case.

How can you shore up weaknesses in your car accident personal injury case?

Fortunately, there are steps you can take to buttress your claim and mitigate the risk of one of these weaknesses tanking your case. These include:

  • Selecting and appropriately vetting your expert witnesses.
  • Clearly documenting all of your damages.
  • Following your doctor’s treatment recommendations.
  • Preparing witnesses for testimony so that you know what they’ll say and how to effectively address any weaknesses in their accounts.
  • Engaging in thorough discovery so that you have a better idea of the information held by the defense and can gain a sense of the arguments they plan to make at trial.
  • Working closely with your personal injury attorney to ensure you develop a comprehensive claim that doesn’t overlook any evidence.

Craft the strong legal arguments necessary to build a persuasive personal injury claim

Personal injury cases are often much more contentious than people realize. Therefore, as you embark on your quest to find accountability and recover compensation, make sure you’re fully analyzing the facts of your case so that you can round out your arguments and ready yourself for whatever the defense may throw your way. Hopefully then you can rest assured that you’re in as solid of a position as possible to obtain the outcome that you want.

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