Potential Hurdles In A Personal Injury Case
This is what your attorney is for. Though these are issues you will not face alone, there is still value in knowing what they are. At the very least, when you understand some of the common defenses against personal injury claims, you can ensure you don’t add complications to your case.
When your attorney first hears about what happened to you, he will know which classification your case belongs to:
- Strict liability
- Intentional torts
The three categories are different and must prove various things to win your claim for each. The following are ways the opposing side may try to stop that from happening.
A Previous Injury
After you get injured, contact an attorney. Though your claim must be filed by a specific time, that is not the reasoning behind this. You need to control the narrative. If you meet with an attorney a month after the accident, what happened during that month?
The opposing counsel may argue that your injury was sustained during that time. You need a way to connect your injury to the accident. If you hurt your knee, the accident and ensuing medical reports will speak to how and when it happened.
Dangerous Activities Cause Accidents
In a personal injury case, the defense may claim you knew the activity was dangerous. If you go skydiving, you assume a degree of risk. Does that mean a skydiving business can never be held responsible for injuries? No, of course not. There are always exceptions. The key is whether the skydiving business made the activity more dangerous by their own actions.
Did they fail to maintain the plane? Did they follow accepted safety standards? If you were injured doing an inherently dangerous activity, these are the questions your attorney will try to answer.
Another element to strongly consider is that the defense may claim you are partially to blame. Car accidents can be caused (at least partly) by the injured driver. When your attorney understands the facts of your accident, he can make an argument about who is at fault and in what capacity.
Silberstein, Awad & Miklos
The experienced attorneys at Silberstein, Awad & Miklos understand how to assist you to get the compensation you deserve. If you have further questions or would like to meet with an attorney regarding your specific situation, call us at (877) ASKSAM to schedule your free consultation.