Possible Arguments From Defendant In Personal Injury Case

No matter how negligent a responsible party might have been, when motivating the creation of a personal injury case, he or she does have the right to hire an injury lawyer in Leamington. That legal representative can work to point out the instances when the plaintiff helped to trigger the occurrence of a harmful situation (such as an accident). In other words, a defendant’s lawyer can underscore the weaknesses in the plaintiff’s argument.

Arguments that might be made by the defendant’s injury lawyer:

The plaintiff was not at the anticipated spot at the time of the accident. Perhaps the plaintiff had chosen to venture into a restricted area. Maybe the defendant hit a car that had more than the legally-acceptable number of passengers. For whatever reason, the plaintiff’s body got injured because it had been taken to an inappropriate location.

The plaintiff has shown a willingness to assume the consequences of exposure to a known risk. This defense normally gets used when someone has become injured while taking part in a sporting event. Note that the injury must result from exposure to a known risk.

Suppose that someone at a sporting event got injured by an object that had never before been viewed as a potential hazard. That is what happened the first time that a member of the audience got hit by a puck at an ice hockey game. Now the audience must sit behind a type of net, a reminder of their assumed risk.

Did the plaintiff make any injuries worse by undertaking certain actions? For instance, was a pedestrian texting when he or she got hit, while crossing the street? Victims that fail to see a doctor as soon as possible provide a defense injury lawyer with the chance to present this particular argument.

Defense team has uncovered proof that the plaintiff has lied. The plaintiff’s own actions have shown that he or she can perform tasks that should be beyond the capability of someone with medical problems that are like the plaintiff’s claimed problems.

How to prevent the appearance of an excuse for making any such argument?

Plaintiffs’ actions get studied by the court. Members of the public must remember that, because any one of them might one day become a victim. Then their behavior during the moments leading up to an accident would get scrutinized.

Plaintiffs should be honest, especially if any one of the intends to post pictures on a social media network. Yet even those that do not post such pictures could be targeted by an investigator with a video camera. The offices of a defense lawyer have the legal right to hire a private investigator, someone with the ability to follow the plaintiff, while carrying a video camera.