Be Careful After a Personal Injury Claim

So you’ve successfully filed a personal injury claim with our personal injury attorney. Now what? Unfortunately, the process of getting compensation for a personal injury can be long and in-depth, especially if the opposition has a talented defense lawyer working for them. During the fact-finding process, the opposition can gather evidence to dispute your personal injury or workers’ compensation claim and do everything they can to win the case for themselves.

Here at Fitch & Stahle Law Office, our personal injury lawyer will be standing at your side throughout the process of the lawsuit. Here is an overview of how the opposing counsel can try to dispute your claim.

The Discovery Phase of a Personal Injury Case

In a personal injury case (and the majority of court cases), the discovery process is when each party investigates what the other side’s legal claims and defenses are. They send interrogatories, or questions, and document requests to one another. They also take depositions of all relevant parties in the case, including witnesses, beginning with the plaintiff and defendant. This entire process can last up to one year, depending on how complex the case is.

When it comes to personal injury claims, the opposition has access to a variety of physical and digital materials that are available. They will use these to prove their case in front of a judge. These materials include:

• Medical records
• Investigator software
• Social media posts

Common Defenses Used Against Claims

Once the defense has gathered information that can be used against you, they will begin to mount a case to disprove your claim. Common types of defenses include:

·  Contributory negligence: This defense blames the plaintiff. For instance, if you were rear-ended while driving, but you weren’t wearing a seat belt, contributory negligence will put the blame on you because a seat belt would have prevented the injuries.

·  Assumption of risk: This defense states that the plaintiff assumes all or part of the risk involved in a dangerous activity and should have known about the danger.

·  Pre-existing injuries: If you have had an accident in the past, you may find that the defense tries to use that against you. They might say that you are filing for damages based on the past injury and not the current one.

·  The statute of limitations: The statute of limitations is the legal timeframe you have to file your claim. If you fail to do so in that timeframe, you can no longer seek compensation.

·  Release of liability waiver: If you sign a release of liability waiver, you can no longer seek compensation.

Work With Our Siouxland Personal Injury Lawyer

The personal injury attorneys at Fitch & Stahle Law Office understand the tactics that the opposition will use to disprove your claim. We will work with you to get you the compensation that you deserve. To get started with our professionals, give us a call at 402-494-3012.