Unfortunately, many individuals may at some point be the target of a fraudulent personal injury lawsuit. While a party may be sued for another’s injury, that person may have had nothing to do with the injury in question. Below are five tips for battling a personal injury lawsuit you are not responsible for.
Prove the Injury Was Planned
According to the Centers of Disease Control and Prevention, 836,000 people visited an emergency room in 2011 for completely self-inflicted injuries. While many of these were failed suicide attempts, many were also purposely done as cries for attention or for other reasons. In certain cases, the defendant’s attorney may be able to prove that the plaintiff harmed him or herself on purpose with the goal of obtaining a financial windfall.
Be Aware of Insurance Coverage
Another thing you should be aware of is that not all insurance policies are the same in regards to coverage for injuries. For example, the driver of the other vehicle may not have sufficient insurance to pay for his medical bills. If this is the case, he may try to make up the difference through a personal injury lawsuit. However, he may also have adequate coverage or be restricted from suing by the terms of his policy. Knowing what the other driver’s coverage actually says can prevent you from getting scammed.
Prove That There Was an Assumption of Risk
Certain activities are inherently risky. For example, skiing accidents that result in injuries are very common. If a person decides to ski, that person should be aware of the risks inherent in the sport. If you took a friend skiing who was subsequently injured, it’s very unlikely that you could be held responsible.
Prove that You Were Not Negligent
To win a personal injury lawsuit, the plaintiff’s lawyers must prove in court that the defendant acted negligently and that negligence resulted in the injuries sustained by the plaintiff. There may be ways to demonstrate you were not negligent in court. For example, you may have taken certain steps to insure the safety of other people such as salting a sidewalk during the winter.
Prove that Predicting the Injury Was Impossible
In other cases, it may have been impossible for a person or business to foresee that a person may be injured in a certain way. For example, a hazard may have formed suddenly due to an act of nature. The business or property owner may have not had enough time to act to protect others from injury. Having an experienced injury defense attorney on your side, like the ones from Trammell & Mills Law Firm LLC, will better your chances when proving that predicting the injury was not possible.
Many people at some point will face a personal injury lawsuit. However, being sued does not mean you will be forced to pay damages. If you can prove that the injury was not your fault, that you didn’t act negligently or that the injury was unforeseeable, you can win in court.
Author info: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on twitter: @RachelleWilber.
