You can expect a strategy for both sides in any personal injury case. Your lawyer is going to try to anticipate the defence, and the defence is going to try to find gaps in your argument. It may seem odd to look at exactly what the defence will do but if you truly want your injury claim to cover damages and beyond, it’s actually a must. This guide focuses on the kinds of defences that, although there are many others, you can expect to see. Get the facts about Malloy Law Offices, LLC see this.
Why Does the Defense Know?
You want to know, to make it clear, what kind of arguments the defence will create. But in a case that you feel is invalid, you might also be the defendant. You need an experienced attorney in both cases to walk you through how the defence makes its argument.
Your Accident Role
As a plaintiff, your involvement in the injury, most commonly a car accident related claim, is one very common defence you will see. It’s pretty straightforward: the defence wants to prove that you were actually to blame for the accident. In many instances, both drivers have a certain fault involved. If you have made a clear mistake while driving, it will affect your claim of injury. If you know this before the case even goes to trial, you may consider lower offers; in personal injury cases, these offers are quite common.
Your claim for injury and your right to compensation can vary from state to state. Some states follow the requirements of comparative negligence and others follow the standards of contributory negligence. In other instances, in the first place, you may have put yourself in danger, maybe by racing another driver down an empty road, and in these situations an insurer or court may claim that you took the risk so that you should pay.
About comparative negligence, what to know
Comparative negligence is quite simple: it has been proved that you were responsible for a certain percent of the fault and the other drivers were a certain percent. In a police report, this can be demonstrated. You both may have made errors, but you made a bigger one. Or perhaps you only made a slight mistake and the other driver made a bigger one that caused an accident. So if fault is on both sides, in order to show fault, a percentage is created. Due to an error, you may be 20 percent at fault, and the other driver at 80 percent . You will only receive 80% of the damages when this goes to court, so $25,000 turns into $20,000 in your pocket.