A personal injury case can be hard-fought, meaning that you have to be prepared as you enter the process. If you’re not and instead try to cut corners or improvise your legal arguments on the fly, then you could wind up receiving less compensation than you need and truly deserve, or you could be denied compensation altogether. So, while you’ll have to focus on gathering evidence to support your claim while avoiding costly mistakes, you should also be on the lookout for errors that the defense can make that you may be able to capitalize upon.
Which defense mistakes could help bolster your car accident personal injury case?
There are several missteps that the defense can make in the aftermath of your accident and as they develop their legal strategy. Here are a few that you might be able to take advantage of in your case:
- Making statements indicative of fault: Following your accident, the defendant might unwittingly make comments that are accepting of blame for the wreck. For example, if the defendant says, “I’m sorry” or something like “I should’ve slowed down,” then you’ll be in a strong position to use those statements to prove that the defendant acknowledged wrongdoing on their part. This can go a long way toward establishing liability, which is a key component of your personal injury case.
- Failing to engage in thorough discovery: Discovery is the process of learning information from your opponent. In the personal injury context, then, the defense is probably going to gather records from you, ask you to admit or deny certain facts and even depose witnesses, including you. But if the defense doesn’t engage in thorough discovery, then you’ll increase your chances of utilizing legal arguments that they’re unprepared to counter.
- Using unreliable experts: It might seem daunting when you find out that the defense has expert witnesses lined up to testify against you, but don’t get nervous until you check their credentials and learn more about what they’ll testify to and the methodologies they use to reach their conclusions. You might find that the experts they intend to present lack credibility and can easily be attacked on cross-examination.
- Relying on faulty testimony: Even the eyewitnesses that the defense uses can be untrustworthy. While the defense’s decision to put these individuals on the stand is a mistake on their part, it’s only going to play to your advantage if you’re prepared to attack the reliability of their testimony. So, be sure to research the defense’s anticipated witnesses so that you know how best to approach them at trial.
- Failing to explore mitigation of damages: You have an obligation to mitigate your damages after a car accident. That way the defendant, if ordered to pay, will only be on the hook for justifiable losses. This can lead to aggressive argument over the extent of damages suffered, but if the defendant fails to look into your efforts to mitigate your damages, then it’ll be difficult for them to argue that your claimed losses are unwarranted.
Be aggressive and seize on opportunities during your personal injury case
You only get one shot at presenting your personal injury case. And with your recovery and your financial stability on the line, you can’t afford to put forth anything less than the best legal argument available under the circumstances. That’s why it’s crucial that you thoroughly prepare your claim without cutting corners. Only then can you rest assured that you’ve done everything possible to secure a just outcome.