If someone has filed a lawsuit against you, it’s important to find ways to protect yourself. Learning how to fight a personal injury lawsuit will help you share your version of events and protect your assets.
Your options after filing a lawsuit against you are to deny the lawsuit, deny specific accusations, or reply with an all-out defence to the allegations. Every personal injury lawsuit is unique, which makes learning how to defend yourself important. Gathering evidence and working with a lawyer will help you protect your reputation and assets.
There are techniques you can use to help you learn how to fight a personal injury lawsuit. Let’s learn how to fight a personal injury lawsuit successfully:
Gather all the facts about the personal injury lawsuit.
Taking the time to collect information relevant to your case is one of the best ways to begin fighting a personal injury lawsuit. Any statement you make in court will need evidence which makes conducting your own fact-finding and discovery period extremely important.
Start by gathering physical documents from third parties that can help justify your case. Look for pieces of evidence that prove your whereabouts where you can potentially find people who can testify about your state of mind.
Conducting your research session before contacting a personal injury lawyer Ajax will help you give your lawyer more specific details they can use to craft a strong defence against your lawsuit.
Identify potential flaws in the lawsuit
Personal injury lawsuits quickly get complex, as getting the judge and jury to understand your point of view requires establishing the proper context. If a person accuses you of hitting them with their car, write down as many details about the situation as possible.
Perhaps the victim’s negligence caused them to attempt to cross when it wasn’t safe. It’s also worth looking for witnesses and other sources of evidence that can prove you were alert and of sound mind at the time of the accident.
If a person decides to take an issue from the workplace and sue you personally, note any workplace policies in place by your employer that can protect you from being held liable in a lawsuit. If you find flaws in the accuser’s argument, you can get the case dismissed before it requires a court appearance.
Work with a lawyer to create a plan of attack
Investing in a lawyer is one of the best ways to learn how to fight a personal injury lawsuit. Working with an attorney will give you access to nuanced information about similar cases that would be difficult to find on your own. Your lawyer can help you decide on the best possible defence based on legal precedence and the nuances of your case.
Lawyers can help you defend pre-existing injuries, ensure the statute of limitations isn’t violated and work to get your case settled out of court. Lawyers are also trained to challenge evidence presented by your accuser, which can help strengthen your case. Because lawyers know how to spot flaws in logic and break down the reliability of evidence, your chances of winning your case will increase.
Calculate how much time you have
Knowing how much time you have to file a response creates an advantage for your defence team. Failing to respond on time can create even more problems that you have to deal with. If you don’t respond to court summons on time, there’s a risk that the judge can execute a default judgement which would give the people suing everything they asked for in the prosecution.
After crafting a document with your response, keep multiple copies on hand. If multiple parties are suing you, you’ll have to send each legal team a copy of your answer. If you have a counterclaim, it’s worth submitting along with your answer.
You can also submit your counterclaim after your initial response, but it must be served within the time your city or state allows. Working with a lawyer will streamline this process and ensure you don’t miss any steps.
Keep your emotions in check
It’s easy to feel angry and frustrated once someone has filed a personal injury lawsuit against you. One of the best ways to learn how to fight a personal injury lawsuit is by keeping your emotions out of the situation.
Emotional outbursts in court can change how the judge and jury perceive you and ultimately harm your chances of winning the case. Protecting yourself from these outbursts is why many people choose to work with a lawyer who can calmly express the client’s feelings on their behalf.
Even if you have a personal history with the person suing you, it’s important to stay calm to give yourself the best chance at winning.