Common Defense Tactics in Car Accident CasesClick for a Free Consultation
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Common Defense Tactics In Car Accident Lawsuits
It is helpful to understand the mechanisms used by defense attorneys and insurance companies in defending car accident claims. This article is intended to give you an overview of some of the common defense tactics in defending a claim.
TACTIC: Blame You
In Texas, we have a negligence scheme that involves allocating fault between the plaintiff (personal injury victim) and the defendant (negligent driver). If the defense attorney can convince the jury that you are partly at fault it can reduce or eliminate your damages from the accident.
For this reason, the most common tactic of defense for a car accident claim is to seek blame for the role of the claimant in the accident. For instance, if you were rear-ended the tactic is to claim that you stop suddenly or swerved quickly into the other lane of traffic this susceptible to blame for your actions. If the other driver ran a red light, you can anticipate the defense will be that really their light was green and your light was red.
TACTIC: Suggest You Did Not Prove Your Case
You always hear defense attorneys suggest that you did not adequately prove your case and that you have the burden of proof.
TACTIC: Imply You Are Doing It For The Money
A common defense tactic is to assert or imply that you are only looking for the money and not really for justice after the accident. This is a common theme among defense attorneys and they will suggest that your treatment and other actions were based upon building a lawsuit and not related to reasonable medical help. This tactic is actually much easier and more effective than many people anticipate because it requires no proof on the part of the defendant only implication.
TACTIC: Attack Your Credibility
The defense will always attack the plaintiff’s credibility and if not outright call them a liar suggests that they are exaggerating and not being truthful with the judgment of the jury. The unfortunate part of this tactic is it does not matter how straightforward and truthful the victim is the tactic will be utilized anyway.
TACTIC: Attacking Your Medical Care
The common subject of a defense lawyer’s examination and closing arguments is the amount and necessity of your medical treatment. The defense will attempt to imply that you did not really need the treatment, and were only doing it to build your lawsuit. Additionally, they will argue that you waited too long warhead to bigger gaps in between treatment or that you got treatment earlier than necessary. It’s one of those darned if you do darned if you don’t situations.
TACTIC: Attacking Your Lost Wages
The defense attorney will imply that you did not really need to miss work or that if you did you are exaggerating the amount of your compensation or your calculations of your lost wages. This can be particularly difficult for self-employed victims.
TACTIC: Blame The Lawyers Greed
Many defense lawyers will seek to tie your attorney to your doctors and imply that the attorney sent you to the doctor for the purpose of the case, and not for medical treatment. In other words, the defense will imply that the case is phony. Most personal injury victims are shocked when they realize that these tactics are going to be used against them when their injuries are real and their claim is substantial.
It is very difficult for many personal injury victims not to take personal offense to tactics that attack their credibility and their sworn testimony. Some defense attorneys are more skilled than others at implying shady conduct as opposed to accusing the plaintiff of exaggerating or lying out in the open.