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Can I lose a Personal Injury Lawsuit?

Personal Injury Lawyer St. Louis

can i lose a personal injury lawsuit


If you’ve been injured due to someone else’s negligence or a dangerous practice at work, the vast majority of the time you will be owed a recovery that can be both physical and financial. This recovery should take care of your financial losses because of the injury, as well as take care of any medical costs you’ve incurred due to the injury. However, did you know that you can lose a personal injury claim?

How is this possible, you may ask? You were hurt, you have evidence to show you were hurt, and yet you still didn’t get the settlement or result that you wanted. The question then becomes, did you tell the truth about your injury? Did you have the majority of the fault in the accident? Did you ask for and insist on a recovery amount that was outside of the scope of what you are entitled to? Any of the reasons stated above can lead to you losing your personal injury claim. It’s important to be honest, and seek what you are owed. It can be easy to be overly emotional about the accident, that’s why it’s important to consult with a personal injury lawyer before you make any decisions regarding your recovery. If you need help with a personal injury claim, or if you have any questions about this FAQ call or contact our Personal Injury Lawyers in St. Louis now at 314-542-2222 or 618-272-2222

Gary Burger

Gary Burger | Trial Attorney

Gary Burger is devoted to helping injury victims recover from devastating accidents in Missouri and Illinois. Gary practices all areas of personal injury law and has been successful in providing financial recovery while aiding in the protection of our clients' future.


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Can you lose a Personal Injury Claim?

When you’re injured, you deserve to be compensated for your injuries. But did you know that it is possible to lose a personal injury claim? This might seem like an unbelievable claim, but it’s true. Either by lying during your testimony/deposition, or by pursuing a recovery of more than you’re entitled to, you can lose your injury claim and be out of a settlement. So let’s go over the steps you shouldn’t take during a personal injury claim.

    Step 1 – Lying about your Injuries

    • If you’re hurt, and the accident happened because of someone else’s negligence, you are owed a recovery. Where you can jeopardize your recovery is by falsifying the extent of your injuries to try and get a larger settlement. This will backfire, and it will cost you your settlement. Don’t do it! You’re already injured, and you are already entitled to a recovery.

    Step 2: Refusing a good settlement

    • If all of your bills are taken care of, and you’re also receiving compensation for your other losses (work, lost wages, personal damages etc), and you still insist on getting a higher recovery, you may be jeopardizing your claim. Asking for more than your claim is worth can force your claim to go to court, and in a trial, you may actually end up receiving less than what you were initially offered. It’s important to know when you’re ahead in an injury claim.

    Step 3: Settling too soon:

    • Just because you received a settlement doesn’t mean you accepted the right offer. Your injuries absolutely had costs, and you may have also suffered personal property damage (car wreck) or other types of losses such as wages, transportation costs, or other types of costs that can be associated with an accident. Also, state laws typically dictate what you are eligible to recover, and insurance companies also have limits that you can get for certain accidents and policy types. It’s important to know what you are entitled to. If you accept an offer before you know what you are capable of getting, your jeopardizing your future recovery and your financial future. Settling too soon, in this case, is the same thing as losing.

Can I lose an injury lawsuit?

If you would rather speak directly with our team about your case, please don’t hesitate to call us at 314-542-2222 or 618-272-2222. We’ve taken on personal injury claims before and we know how to make sure that you get 100% of the care and financial recovery you are owed. Remember, you didn’t ask to be injured and you shouldn’t have to beg to get the care you deserve. You can get a recovery for your injuries and the liable party can be held liable for their actions.

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