Being Sued? How To Fight Back Against A Personal Injury Lawsuit
Lawsuits are something that happens to other people, or so you might think. That all could change, however, if you are involved in a personal injury situation. People of all types can become the target of a lawsuit. Read on to find out more about fighting back after you have been sued.
Responsible for Causing Harm
People seldom set out to intentionally cause harm. There is always a chance that you can accidentally cause someone harm, though, such as with a car accident. Just because you are accused of causing harm doesn't necessarily mean you did so. Being named in a lawsuit is a serious matter that needs prompt legal help and support. Don't wait to contact a personal injury lawyer – time is of the essence when it comes to proving you were not liable for an alleged wrong.
Various Types of Harm
The most obvious type of harm is physical harm caused by a car accident but there are other ways to harm others. You might also be sued if your dog bit someone, someone was hurt on your property, or you posted something harmful online about someone. In all cases, victims must be ready to prove several aspects of the alleged harm done.
Who Caused the Harm?
The first thing your personal injury lawyer will do is look at the circumstances of the incident to determine what really happened and who is to blame. The plaintiff has to show that you were the cause of the harm done and not someone else or something else. For example, if you rear-ended a car at an intersection, you may be named the defendant. But what if your brakes failed and that type of brake has been shown to be defective? If true, the plaintiff is suing the wrong party.
Can Liability Be Mitigated?
If you did cause the harm, the next step is to examine the effect of the act on the alleged damages of the plaintiff. You might not be 100% at fault for an accident if the alleged victim contributed to the accident. If so, you may only owe a partial payment to the plaintiff. Also, are you 100% responsible for the current health of the plaintiff? If they failed to seek medical treatment in a timely manner, that might have only made their injury worse. That means you may not be fully responsible for their injury.
The ways your personal injury lawyer will fight back can be endless and depends on the circumstances. Contact a company like Siben & Siben LLP to learn more.