In personal injury cases, there is one party that damages the other; because of this, they go through a number of injuries. So, when the case is taken to the courts and is given to an expert’s hands, it is seen there are plaintiffs who can seek compensation for the damages from the defendants.
This is not an easy process; it does take a lot of steps. From filing the complaint to the discovery phase to the trials, there are a number of challenges that are to be focused on.
Personal injury cases can occur in a number of ways; these can be in the form of slips and falls, work accident cases, and car accident cases. An auto accident lawyer in Houston TX can help you deal with the case from the plaintiff’s or the defendant’s side.
Defense and Personal Injury Cases
In personal injury cases, the main role of the defense is to tackle all of what the plaintiffs say about them. To get to that level, the attorney of the defense does what he can best. There are some legal defenses that can be used by the lawyer in order to protect the defense side party.
Common Defenses
Here are some of the common defenses that are seen very commonly.
- The very first one is that the fault was on the plaintiff’s side. The defense might take this opportunity to make you responsible for all the damages that have occurred to you. They can easily claim that it was the negligence from the plaintiff’s side that caused the accident.
- In other cases, it is observed that the defense tries to put all the blame on the plaintiff. They start by saying that all of the incidents and the faults are made up in the heads of people. At other times, they can say that the opposing party did everything on purpose and knowingly.
- Rather than the incident that is being decided, the defense could argue that the plaintiff’s injuries were caused by pre-existing conditions and there was no new injury that occured to them.
- The plaintiffs can argue that the plaintiffs were not very serious when it came to taking steps that could have avoided or minimized the risk of injury or accident. They also say the same in context to the costs.
- One of the worst things that the defense team can do to the plaintiffs is they can mention to the lawyer that the plaintiffs filed for the case after the statute of limitation had passed.
- Other times, it is observed that the defense team comes up with excuses like the injuries were exaggerated when they were presented; however, in reality, they were just mere injuries.
- In some of the cases, it has also been observed that the side of the defense comes up with evidence that is fabricated. This is usually seen happening in the case of medical reports. Some of the other reports are also observed being submitted while they are fake just to get the fake justice.
Governmental Immunity
The doctrine of sovereign immunity, or governmental immunity, is a legal system that has been introduced to protect some government agencies and their staff from suits that are not authorized by them.
This means that without consent, the government can’t be sued. But if this is seen in the context of personal injury, we get to know that the government cannot be disturbed by the burden of the litigation; this can be done only if their consent is involved.
In instances where there is a part that has gotten injured by anything related to the government, their employees, or their vehicle, they will be able to sue the government, but their chances will be very low.
This is not always the case because, a lot of time, the government does allow itself to be sued, but there are a few exceptions that are to be focused on.
So, the government matter is entirely different. But in general personal injury cases, it must be taken care that the other party is held responsible for their deeds and the impact that it brings.
Conclusion
When it comes to the defense and the plaintiff’s statements, they do play a very important role when it comes to taking the cases and the compensation into consideration. Personal injury litigation is one of the most difficult and complex fields that one has to deal with.
One must make sure that one stays informed on all kinds of reasoning and strategies used by the defense teams in order to save one’s side. When it comes to the plaintiffs, they can save their side by looking at the complexities and the tactics used by the defense team in order to get the just treatment and the needed compensation.
