Defense Attorney Tactics During Personal Injury Cases
Showing proof of your injury to win a personal injury lawsuit isn’t as simple as it seems. A personal injury defense attorney will have tactics to show you contributed to the damage or it wasn’t the defendant’s fault you were injured.
When preparing for your case, understanding what tactics a defense attorney may use can help you and your legal team prep the most robust case possible.
What Tactics Would A Defense Attorney Use In A Personal Injury Case?
A defense attorney in a personal injury case will try to prove you contributed to your injury through negligence. For example, maybe there’s a video of you walking and texting, or the building owner put up a sign warning of the danger. The defense attorney would search for proof you could have prevented your injury if you exercised more reasonable care.
The next tactic they may employ is you assume the risk. For example, you were warned that walking in a particular area could be dangerous, but you did it anyway and then became injured.
If proof of neither of those situations exists, a defense attorney will use tactics to delay the court proceedings. The more they wait, the hope is the injured person will get desperate for money to pay medical bills and compensate for lost wages, therefore prompting a less expensive settlement than losing in court.
If the case goes to court, the defense will try to discredit any witnesses your attorney calls to the stand. For example, if someone saw the injury happen, the security may say they weren’t wearing their glasses to correctly know the event or show that the witness has a reason to favor your side.
Finally, the defense attorney may try to say you had a pre-existing injury before the event you’re claiming caused the harm. The defense will try to gain access to your past medical records to try and argue that your current injuries had been there before the event.
What Should I Do If I Think I Have A Personal Injury Case?
If you suffered a personal injury and believed it was because of the negligence of another party, call Hyland & Padilla immediately.
We offer complimentary constellations to all clients to help you understand your chances and start building a solid case to get you the damages you deserve.