Thursday, June 20, 2013

Rebutting the Defendant's Evidence in a Personal Injury Case

Fighting a car accident claim isn't easy. The insurance company will oppose your claim. Hire the services of an experienced personal injury lawyer to fight your car accident claim. It is not enough to show that a defendant engaged in negligent or careless conduct. To recover in a car accident case, you must prove not just negligence, but also that this negligence was the legal cause of your injuries. An experienced personal injury attorney can show legal cause.

Legal cause is shown if the negligence was a substantial factor in producing the harm. An act is not considered a substantial factor in producing the harm if other factors actually caused the harm and the defendant’s act was harmless until acted upon by those other factors. Proving negligence requires skill and expertise and is best left to an expert - an experienced personal injury attorney.

During trial, the defense attorney presents the testimony of all witnesses it has to oppose the plaintiff’s case. In addition, the defense offers any other evidence it possesses to support its defense to your claim, such as photographs of the vehicles showing very little property damage. Your personal injury lawyer gets the opportunity for cross-examination after the insurance attorney finishes questioning each defense witness. The roles the lawyers played during the presentation of your part of the case are now reversed. The defense lawyer presents the evidence and your personal injury attorney then attempts to punch holes in the believability or significance of that evidence.

11 comments:

  1. When I was in a car wreck, I got a personal injury lawyer in Surrey and it was a great decision. I don't know how I would have gotten out of that situation without help.

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  2. When is it worth it to hire a lawyer to help your case? I was in an accident about 5 years ago that they deemed was my fault. I don't know if we ended up having to pay anything though or if it was all covered by insurance somehow. http://www.kresmaninjurylaw.com

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  3. Guldjian Law is an Orange County based law firm that helps clients in a wide array of personal injury cases. These cases range from car accidents to job-related injuries. Guldjian consist of an experienced team of dedicated attorneys who will fight for the recovery that you deserve. The attorneys at Guldjian Law will stand up to insurance companies and aggressively fight for you until justice is served. Guldjian will give you a free consultation and will advance all costs of the case. Your case becomes their mission. If you or a loved one has a personal injury or is in need of aggressive legal help contact our Orange County law office by calling 1-800-385-4838 to set up a free consultation to discuss your legal options. We want to hear your story. Each and every one of their strong minded attorneys are prepared, ready, and eager to take a case to trial if that is what is just and fair. Persistence is the cornerstone of Guldjian Law. They don’t recover until you recover.

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  4. I think my friend should hire a personal injury lawyer. She was rear ended the other day. Now they think that she cracked something in her spine.

    Nora Moore | http://www.ootandassociates.com

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  5. My sister was hurt in a car accident last year. Her lawyer helped her get as much compensation as she deserved. He really helped her through a tough situation. http://bedfordinjurylaw.com/home.html

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  6. I can see how hiring a personal injury lawyer would really help you out. Last week my daughter got rear ended while on her way to work. Now that I really start to think about it I think I might tell her to hire a personal injury lawyer. That way things all will go alright on her side.
    http://www.gregsharkeylaw.com

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  7. I would like to get some help with my injury. I got hit by a drunk driver last week. I suffered from some pretty bad whiplash and I haven't been the same since. I haven't gone to the hospital because I don't think I can afford it. http://www.lprlaw.com/Personal-Injury/

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  9. I really like the last part of the of this blog when it is talking about how they will punch holes in the evidence that was given in the case. This is so important when it comes to getting a personal injury attorney because they are going to do their best to help you out. My sister got hurt really bad recently and she doesn't know the court system at all. So when she got someone to help her, she had the advantage and was able to get what she deserved. http://asmlegal.net/personal-injury/

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  10. It's ridiculous that this is a necessary practice, but unfortunately it is. If someone is at fault in a car accident, it should be fairly obvious that their insurance company should pay for medical expenses of the injured party. Since no one wants to pay for that though it's a major legal battle to receive compensation when you need it. This is why it's vital to get a personal injury attorney to help with these types of cases. http://sarklawfirm.com

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  11. I had no idea that legal cause is shown if negligence was a big factor in the harm. I think it's really interesting what they define as a factor. I'll have to look more into this and see what other factors could be involved with this. I think it would really help just in case I was ever involved in something like this. http://www.noblelegalservices.com/

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