Defendant Issues in Personal Injury Cases
When a person has been hurt and the resulting action is to pursue a personal injury case, legal issues may arise. The plaintiff, the person bringing the lawsuit, may have questions about how to respond to the defendant’s assertions that the plaintiff believes are in error. Additionally, the plaintiff may have questions about rules about contacting the defendant.
Untruthful Version of Events
It is not uncommon for the plaintiff and the defendant to see the same set of events in a different manner. However, many times the defendant may actually lie about what happened in order to cover up his or her liability. It is quite common for defendants to deny any wrongdoing even when it was obvious. This can be complicated when an insurance company is involved. The insurance company may actually believe the defendant’s story. Conversely, the insurance company may officially support this version of events even if it has doubts about the veracity of the defendant’s story. When the parties have two very different versions of events, litigation often accompanies the situation.
However, the truth is often revealed during the claims process. Independent evidence, such as a police report or an evaluation of the damage, may help support the plaintiff’s assertions. The plaintiff’s attorney may also help with the exposure of the truth by interviewing witnesses, evaluating evidence and researching the law. If this occurs, the claim may get settled.
Contact with the Defendant
While the case is pending, the plaintiff should have no contact with the defendant. Any statement that the plaintiff makes to the defendant has the potential to be misinterpreted or used against the plaintiff. Even if the plaintiff believes that the defendant has lied about what really happened in the accident, the plaintiff’s personal injury lawyer will likely advise against the plaintiff having contact with the defendant.
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