Common Personal Injury Defense Tactics
If you’ve been injured due to the negligence of another, chances are that you’re facing piles of medical bills, loss of income, and many other expenses. Because the cost of a personal injury is great, the responsible party may try different tactics to avoid liability in your case. Knowing these common defense tactics can help you anticipate the defense’s strategies and plan accordingly.
Learn some of the most commonly used personal injury defense tactics from your Edinburg personal injury attorneys.
Defense Tactics To Be Aware Of
1. Delaying the Settlement
A tactic that is often used in personal injury cases is a delay in the settlement and negotiation process. This tactic is used to make the injured party desperate as medical bills and other expenses begin to pile up. If there is a delay in the settlement, the injured person may be more likely to settle for less money.
In order to fight this sort of tactic, the help of an attorney may be needed. Personal injury attorneys can put pressure on insurance companies to act in good faith and can negotiate on your behalf to combat any delays.
2. Discrediting Witnesses
A common and sometimes successful tactic that the defense will use is discrediting witnesses to a personal injury. Depending on the circumstances of the injury, the testimony of a witness could make a major difference in the results of the personal injury case.
The defense will often do what they can to make the testimony of the witness less credible in order to help their case.
If you are using a witness in your personal injury case, you should watch out for this tactic and responses prepared. A personal injury attorney will be able to object and respond to this tactic correctly in court or during the claims process.
3. Shifting the Blame
If the defense is trying to avoid responsibility in a personal injury case, they may try to shift the blame to the victim or a third party. A tactic like this could target the victim for not following proper safety protocol at work or being distracted while walking through a public business.
In addition, the defense could shift the blame entirely to a third party. By doing so, the defense can weaken your claim, and avoid liability. To prevent this from happening, it’s important that you conduct a thorough investigation into your injury and anticipate a response to the defense’s blame tactics.
4. Claiming the Victim Is Exaggerating Injuries
Unfortunately, in many personal injury cases, the defense may claim that the victim is exaggerating their injuries. The defense uses this tactic to avoid liability and lower the amount of compensation that the victim may receive.
To hold the defendant responsible and receive proper compensation, you must seek out the support of a doctor after your injury and keep track of all your medical records. These documents, along with your doctor's testimony, can prove that your injury was not pre-existing or exaggerated.
Combat These Common Personal Injury Defense Tactics With the Law Office of Bobby Garcia
Unfortunately, the responsible party in your personal injury case may try to avoid liability. In many cases, your injury is due to their carelessness and negligence. Because of this, it’s crucial that the defense be held accountable for their actions and your suffering. Knowing the common defense tactics that can be used in your personal injury case can help you and your attorney plan the best responses.
Our experienced personal injury attorneys can anticipate the common defense tactics that may be used and get you the compensation you deserve.