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How Defense Lawyers Approach A Personal Injury Case

Defense lawyers for injury cases have certain arguments they commonly use against plaintiffs. Before you file your case, it's important to know what they will most likely say to avoid having their clients be found liable for your injury. Here are some of the most frequently used arguments defense lawyers use for personal injury lawsuits.

#5 — The Defendant Isn't Liable For Your Injury

When someone is hurt and they make an injury claim against another individual or party, before any compensation is considered, fault must be determined. And the first thing that most defendants will contest is that they are not at fault for the victim's injuries, unless it is so egregiously apparent that such an argument could not plausibly be made. For auto accident cases, whoever is found to be the at-fault driver is thus responsible for the victim's injuries that they are now legally found to have caused. The consequences can be steep, so you can see why many people will attempt to dispute causation even when it might seem overtly apparent.

#4 — The Plaintiff Is Equally At Fault

In many instances, especially where both parties have differing accounts of the event's circumstances, defendants will attempt to argue that blame lies partially or equally with the plaintiff for the result of their injuries. Defense attorneys may try to say that a driver who was hit was reckless in their actions prior to the accident; or that someone who fell did so due to their own carelessness. If there aren't any witnesses, it can be tough for juries to decide. If both parties are found to be equally at fault for cause of the incident that lead to victim's injuries, that can have a significant effect on the victim's ability to receive compensation.

#3 — There Is No Injury

While many injuries are superficially obvious to anyone, others can be harder to understand. Defense lawyers like to prey upon juries' common misperceptions about how the body works, and if an injury isn't visible, they will likely try to cast doubt that it is even real at all. Issues such as post-traumatic stress disorder, spinal disc herniation, sciatica or emotional stress can be difficult for people to visualize, making it easier for attorneys to cast doubt as to whether there really is an injury. Many defense lawyers don't come outright and say the plaintiff isn't injured, but they suggest it subtly in an attempt to sway opinion. It takes a skilled attorney to combat these tactics, as few people have a true understanding of the inner workings of the human body and can be induced to believe the slightest bit of doubt.

#2 — The Plaintiff's Injuries Are Caused By Preexisting Problems

In most personal injury cases and premises liability matters, the insurance company will be arguing on behalf of the defendant. Because they handle so many cases, insurance companies have a go-to defense they reflexively use as often as they can: The plaintiff's injuries are actually a result of preexisting medical issues. There is a whole system in place to deny people from making injury claims. Thousands of insurance doctors in New Jersey are paid lucratively to examine victims of car accidents and slip-and-fall accidents, and then, no matter what they find, declare that the injuries of the victims are a result of preexisting medical issues, and thus, are unqualified to make a claim.

#1 — The Plaintiff's Injuries Are A Result Of A Degenerative Disorder

At Law Offices of John Morelli, we personally have seen these insurance doctors testify in court that they have never seen a spinal cord injury in anyone over 18 years old that wasn't the result of a degenerative disc disease. It's despicable to think that anyone would belittle an honest person's injuries and make such a claim, let alone a medical professional. But, these people are paid large sums to testify in favor of the insurance company, and will do so often and unflinchingly. They try to argue that spinal and disc injuries are actually caused by degeneration, or the wear and tear of aging on the spine. It is absolutely true that people's spines do experience attrition as they age, but that isn't the same thing as a herniated or bulging disc, where fluid from the disc is damaged and leaks or presses onto a nerve. Problems like herniated discs or those that result in sciatica in injury cases are usually the result of a blunt trauma to the back. This hasn't stopped insurance companies from effectively convincing juries that degeneration is the sole cause for most back problems.

Discover more about injury cases by contacting our office. Call us at 856-528-3205 to reach our Cherry Hill office.

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