How to Defend Against a Car Accident Injury Lawsuit
Accidents are inevitable. Yes, it may be true that you can’t always expect to be injured in an accident, but they still happen day in and day out to many drivers. So, you may ask yourself, how will you defend against a car accident injury lawsuit if you have caused the accident and it ended in severe injuries to the other driver? Many people leave it in the hands of their insurance company; however, this is not the simplest option. Having an attorney on your side is the best option and now you can find out about all the ins and outs of the process.
Fault, Negligence, and Other Drivers
So let’s assume that you have become involved in a car accident and you were the reason why it happened. You should always remember that admitting fault could only get you into more trouble. Many people will “doom” their case from the very start by blaming themselves and apologizing for the accident on the scene. This is something that you never want to do. The courts are your best resource for figuring out who was at fault.
Another thing is to avoid being negligent. After an accident takes place, this is something that you can prove by meeting the following:
- Duty: You could always argue that you never owed the injured party a duty of care.
- Breach: If you agree that you did owe a duty of care, you can say it was never breached.
- Cause: You could claim that the breach wasn’t the cause of the injuries even if the duty was breached.
- Damage: You could argue that the injured party didn’t suffer any damages.
Lastly, you should never forget about the other drivers involved. You may have been negligent, yes, but so could they. Two legal theories, contributory and comparative negligence, will attempt to apportion the blame for car accident for all responsible parties.
Comparative and Contributory Negligence
- Comparative: Each party involved in the accident is assigned a percentage of fault based upon the facts of the case. When this percentage is assigned, local law will usually dictate what percentage of any verdict may be recovered, and from whom. When a plaintiff is found to be 50% responsible or more in many states, they will be barred from any recovery.
- Contributory: Any party that contributed in any fashion and caused injury will not be able to claim compensation from another party.
What Happens if Another Party Has Exaggerated Injuries?
In some cases, car accident plaintiffs will be caught exaggerating injuries and refusing to follow doctor’s orders. They could also be caught engaging in an activity that could worsen the injury at hand. You should always be watchful of this if you see it happening from the other side. If you have been blamed and called the negligent party and you see the “injured” party not taking care of said injuries like they should, this is something that should be brought to attention. In the end, the other side could be out of luck when it comes to the jury putting a dollar amount on the case.
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