When a person is involved in an accident, it could result in serious injuries that may make it impossible for an individual to work or live the same quality of life as before it happened. While you would like to think that the person who caused the crash would take responsibility for it, this is not always the case. What should you do if the person who hurt you claims that you caused your own injuries?
Talk With Your Attorney
Your personal injury attorney will be able to help you gather evidence that proves that you were not responsible for the accident. Evidence may include camera footage, witness statements or physical evidence from the scene of the crash. If you can show that the person who hit you was going too fast for road conditions or was intoxicated when the accident occurred, it is likely that a jury would find in your favor.
Could You Have Been Partially Responsible for an Accident?
It is possible that you could be partially liable for causing your injuries in an accident. However, it is still possible to collect from the person who hurt you. Let’s say that a jury determines that you were 10 percent at fault for the accident. This means that you still get to collect 90 percent of any damages that you are entitled to collect.
If you were deemed to be 90 percent responsible for your injuries, you would still collect 10 percent of any compensation that you are entitled to. That could still be hundreds or thousands of dollars that could help pay your bills while you are out of work.
Not Everyone Admits Guilt Right Away
The reason why you should talk to a personal injury attorney right away is that the person who hit you won’t necessarily admit guilt right away. In some cases, this is because he or she has been advised not to do so. Admitting guilt could weaken the other party’s position during settlement talks or at trial.
Your attorney will do his or her best to coax a confession from any party who may have been responsible for your injuries. In lieu of a confession, it may be possible to use expert witnesses or police reports to show that you could not possible have caused the accident that caused you to get hurt.
Skip Settlement Talks and Go Straight to Court
If the other side in your case doesn’t want to negotiate in good faith, you should consider skipping settlement talks and going straight to trial. As you generally have two years to file a lawsuit, you don’t want to lose your right to collect compensation because the other side is stalling. Instead, you should assert your right to be compensated as soon as possible. It is not uncommon for parties to engage in serious talks only when the threat of a looming court battle seems likely.
Don’t Admit Guilt Yourself
Just as others may compromise their bargaining position by admitting guilt, you could do the same yourself. Therefore, do not admit that you were at all at fault for causing an accident even if you believe that this may be the case. Remember, fault is something for a judge or jury to decide, and that decision will be made on the evidence regardless of how you feel.
Going through the personal injury legal process is never easy. In addition to dealing with your injuries, you may have to go up against a person who isn’t willing to admit what he or she did to you. Fortunately, your attorney will do whatever it takes to ensure that the facts of the case are brought to light, which should help you obtain the compensation that you deserve.