When it comes to personal injury suits, the entire process can seem like complex and confusing puzzle for victims dealing with injuries. While your confidence in your personal injury attorney is well-placed, you may find it much easier to deal with your claim if you understand some of the more challenging issues. In your quest for justice, you will encounter the give and take of the legal system first-hand, and the other side can be expected to mount a vigorous defense against your claims of injury. Read on to learn more about some common defensive tactics to expect during your personal injury process.
Who is at 100% fault?
There are very few accidents that can be considered simple and clear; often the other side will try to lessen their own liability (fault) for the accident by showing that you were partially to blame for the way the accident happened and/or for the severity of your own injures. Additionally, if the accident is really complicated, you may find yourself being counter-sued by the other party for your part in the accident.
Anytime the other party can show that you had a part in the accident, you are looking at the potential for a reduced compensation amount. One common defense tactic is to bring into question your failure to use "due care". This means that your own careless actions contributed to the accident. With a car wreck, the other side might attempt to show that you were speeding at the time of the accident, which contributed to the level of injuries.
Did you sign a waiver?
It's challenging to engage in almost any activity nowadays without having to first sign a waiver of liability. When you join a gym, rent a picnic pavilion or take a skydiving class you are likely to encounter these waivers, which is an attempt to reduce the business's liability for any accidents that might occur. While these waivers are legal, their legal power may be limited depending on the type of waiver. A waiver of total liability is seldom enforceable, since it will be seen as being too far-reaching to protect customers. Never let the fact that you signed a waiver keep you from pursuing a claim for damages if you have been injured as a result of negligence or carelessness.
Is is too late?
Your time to take action and file a personal injury case is limited, and if you exceed the statute of limitations you may end up being too late. Your case will "thrown out" of court if you waited too long to file, no matter how egregious the actions of the at-fault party. Don't take too long to think about it, talk to a personal injury attorney, such as from Steeg & Glista PC, as soon as possible.