Conflict is bound to occur at some point in a person’s life. Most of the time, the conflict itself could be relatively minor in scope, such as trying to return an item bought at the store. At other, more pressing times, the conflict could involve the law. One of the most common examples of that notion is having a lawsuit filed against another party.
Or, a lawsuit may be filed against you, which may or may not bear fruit. For example, someone may take it upon themselves to serve you with a personal injury lawsuit. Should this happen to you, it is crucial not to stress out. There are options available for your situation, which can be useful.
First and foremost, it is important to acknowledge what constitutes a personal injury claim. Since many lawsuits could blend aspects of other areas, the premise of this one is key to know. A personal injury claim involves filing a lawsuit against another party due to an injury obtained.
Normally, the injury that was incurred could have been the result of a great many factors. Many injuries are accidental, while others could have purposely been done. Therefore, the viability of the personal injury claim will depend on different pieces of evidence. Remembering this will be key when you are being served with the lawsuit.
Use these key tips to fight back against the personal injury claim.
Initial Response
If you are on the receiving end of the lawsuit, then there are a few ways to move forward. First, many lawsuits often involve each party’s insurance companies. Once you have received the lawsuit from the other party, you must contact your insurance company. They will be able to give you some key initial details.
Then, they will generally recommend that you have other personal details sorted out. After you have completed this, your insurance company could reach out to a lawyer on your behalf. Or, you may decide to do this yourself if you wish to assess your situation further. While time is of the essence, you want to ensure you have all of your bases covered initially.
Defense Lawyer
A lawyer like Walker Head will be required when another party sues you, irrespective of the lawsuit. It is highly unlikely that you will be representing yourself, so getting proper representation is a must. Thankfully, there are several ways in which you can kickstart this process.
Defense law firms are a dime a dozen and can specialize in fighting off specific lawsuits. Give a few a call and discuss your situation with them. Then, after you are okay to proceed, you should explain the circumstances to the lawyer. Ensure no stone is left unturned; every detail could matter in the long run.
Legal Response Process
If the personal injury claim is strong enough, both parties will generally be headed to court. It is here that many factors will play out before a presiding judge. Your defense lawyer will be crucial here, as they will be arguing on your behalf. Namely, they will be trying to expose certain gaps in the other opposite side’s primary arguments.
Sometimes, the evidence the opposing side tries to use could be proven faulty. For example, the injury that they sustained was not your fault but due to an accident. If this accident happened outside your jurisdiction, it would look much more favourable to your case. Leave the work up to your attorney, and speak when needed.
Settlement Potential
Even with faulty evidence being pointed out, the likelihood that you succeed could still be dim. As a result, your defense lawyer may ask you if you would like to offer the other side a settlement. Essentially, this sees you still paying out damages at a fraction of what it would cost if you lost.
Remember, listening to every detail outlined by your lawyer is crucial. They will provide you with the best possible guidance on what to do. If the settlement appears amicable to your side, you should take it and see how the opposite party responds.
Dismissal
Sooner or later, a result for the entire personal injury claim launched will be realized. The first result could be you losing the lawsuit and legally being required to pay compensation.
Or, your lawyer could have gotten the case thrown out, which means you are now free. This will, of course, take up a large part of the process, but you could still win with enough patience!