Personal injury claims are not always valid. There are several examples where the at-fault party tries to sue the victim for receiving compensation. Such instances are common in car accidents as it is often tough to prove who or what caused the accident. Whenever a person realizes that he is being sued for compensation, they’ll require fighting the case to avert paying money to the other party. The first step that you need to take for this is to discuss matters with a lawyer.
The New Jersey injury lawyers at Sattiraju & Tharney, LLP will help you with the best advice on defending yourself in a PI case. Here are a few ideas you may use.
1. Prove that there was contributory negligence
A defendant who has been sued for negligence can claim that the plaintiff was responsible for the accident in some way through contributory negligence. If the defendant can prove contributory negligence successfully, this can have an impact on the recovery of the plaintiff. The individual who sued you might receive a smaller settlement amount than what he actually owed. You can prove that the person was responsible for his own injuries.
2. Proof of post-accident injuries or pre-existing conditions
A pre-existing condition is a medical or health condition for which the plaintiff has received medical advice and treatment before the accident date. Plaintiffs can recover for medical expenses which are related to the collision. Seeking the help of a personal injury defense attorney can help in evaluating post-accident and pre-existing injuries. They will evaluate whether or not the injuries were actually caused due to the collision.
3. Risk assumption
There are a few other cases where the defendants offer proof that the plaintiff should have assumed some minimum amount of risk of injury before performing the activity that led to the injury. Such forms of defense can be applicable in spectator and sports-related injuries.
4. Statute of Limitations
Every state has its own statute of limitations, which is the legal timeframe within which the plaintiff has to file a claim for the injuries sustained. Only when you file your lawsuit within the fixed time period, the defense attorney can fight the case in court.
5. Let a PI attorney handle your case
If you have to successfully defend your personal injury lawsuit case, you have to appoint a legal professional. He should have enough experience in dealing with personal injury cases and winning them. Check out his previous references so that you can get an idea of his performance as a personal injury lawyer. If you need assistance with car accident cases, make sure you don’t hire someone who has been specializing in slip and fall cases.
Therefore, now that you know how to defend yourself against a personal injury lawsuit case, what are you waiting for? Ensure to seek assistance from the best lawyer that has your benefits in mind more than his. Prepare to pay him in a contingency fee basis where he only receives payment after he wins the case for you.