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.

2 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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