Personal Injury Defense

Mounting a personal injury defense cannot be successfully accomplished alone by the average defendant in a lawsuit. This situation is not the time to experiment using one's amateur status as a legal buff to try and stave off what usually amounts to a pretty aggressive attack by a heat seeking plaintiff. Animal bites, motor vehicle accidents, slip and fall injuries, premises violations and wrongful death are all part of the legal arena calling for a personal injury defense in many cases. While a majority of all civil lawsuits are dismissed as frivolous or without merit, the remaining ones can be financially devastating to the plaintiff without a strong defense and insurance protection. Choosing an attorney for such a circumstance may not be as easy as opening up a phonebook, closing one's eyes and pointing.

In most PI cases, the issues come down to negligence and whether or not it existed at the time of the injury. For example, in the case of what are called slip and fall cases, the question of whether or the plaintiff knew about the injury causing condition for a period of time and failed to take action must be proven. When a person hires a personal injury defense lawyer, the expense she must often incur as a result of her investigation of the facts can often be quite expensive. Whether or not one's indemnity insurance from homeowner's insurance will cover these expenses is something that can be explored with an insurance agent. Limits of a homeowner's insurance policy may force someone to buy an extra indemnity policy.

Animal bite lawsuits are routinely filed and are also the interest of a PI attorney. Most homeowner's insurance will cover some liability in regards to dog bites but may not cover pet snake bites or other unusual pet attacks. Certain breeds of dogs may not be covered under regular homeowner's insurance and may not pay for a personal injury defense attorney in a civil lawsuit. Care must be taken to understand whether or not actual court costs and attorney fees are covered under a person's homeowner policy or just the judgment costs. These are issues to be explored with one's insurance agent. While most suits of this sort usually end up in pre-trial settlements, there are expenses from the attorney that may have to be paid out of pocket and not from insurance coverage. Check with your agent on coverage limitations.

Most states require that drivers carry at least a minimum amount of personal injury liability insurance. This gives some medical coverage to those passengers riding in the car with the driver as well as those in other cars that also may have been involved in the accident. In the event that a driver is sued for damages not covered by insurance or is criminally prosecuted for traffic violations bringing about injury or death, a personal injury defense attorney will be required. In this particular case, the lawyer used should have extensive experience in the area of motor vehicle law. In many cases, extra expense will be incurred by the plaintiff for expert witnesses and perhaps professionally constructed models to explain and recreate the accident scene. These expenses may or not be covered by one's auto insurance and if a person is a bit queasy about all of this expense, an insurance agent should be contracted to explore additional coverage.
But personal injury does not just describe an injury to the body. Mental anguish and suffering brought on by slander, false arrest and invasion of privacy also comes under the interest of the personal injury defense attorney. Depending on the circumstances, a shopper falsely arrested for lifting merchandise and detained by security guards might have some grounds for suit. A PI lawyer would need to be contacted to see if any recourse exists for the accused. Magazines divulging private information about a person that could be slanderous may be sued by a plaintiff using a PI attorney. God does not help those who help themselves, but rather defends those who cannot defend themselves. God if the defender of those who seek Him as the psalmist writes: "He only is my rock and my salvation; He is my defence; I shall not be greatly moved." (Psalm 62:2)

Unlike criminal law where a person who is accused of a crime is provided a free defense attorney if none can be afforded, civil law forces a person to either defend himself or hire an attorney. If a person must seek help in the form of a personal injury defense lawyer the costs could be quite high. Before ever making the decision of who to hire, some important questions should be asked of the attorney candidate, and answers should satisfy the client totally and completely. To begin, the issue of the attorney costs must be addressed; the barrister ought to reveal at least a ballpark idea of what the costs will be, including expenses and should discuss whether or not there is a way to pay in an installment plan. The attorney's philosophy for similar cases should also be revealed; usually it is a "go for broke" mentality or a "looking for a compromise" mindset. A good personal injury defense attorney will discuss the pitfalls and obstacles that lay along the path to being vindicated or experiencing a favorable judgment. Finally, a client should trust his attorney and if there is some semblance of uneasiness with the relationship, a client has every right to ask for a change if a legal firm is involved.

Tags: attorney injury insurance personal defense person should plaintiff costs those