New York City Personal Injury Law Blog
The Real Issue in Your Personal Injury Case
Posted on Jan 7, 2015 in Legal Terminology
Liability as the Main Issue
What is the real issue in your personal injury case that the defense will be fighting over? In every single accident case, medical malpractice case, or wrongful death case there is at least one key issue that the defense is hard fast fighting you on. In most cases, this issue is liability, which means, who is responsible?
Since you are the injured victim, you will claim that the other driver was negligent and ignored the basic standards of care while driving, and because of that, you were harmed in the accident. The defense will say that they did not, and that is the main issue. All defense attorneys will fight over this issue
Hence, who is legally responsible for the harm you have suffered, will be the main issue in your personal injury case. The jury will obviously have to decide who is legally responsible for the harm you have suffered at the end of the trial or litigation.
What is second most obvious issue that comes up in a personal injury trial? The defense is likely to say that if we are responsible then you too are also responsible for causing the accident. You will obviously claim that you did nothing wrong, therefore you are not responsible. If the defense is unable to prove your liability in the accident then they are likely to say that they do not believe the accident was the cause of your injuries, which is another massive issue that will be fought over in a personal injury trial.
Accident not the Cause of Your Injuries or Your Injuries are not Significant
If the defense gets past the first issue, which is who is legally responsible, then the defense in most cases will turn around and say that your injuries were not really caused by this accident, and were caused by something else. When the defense is not able to win over this issue, then they will claim that your injuries are not as bad as you claim them to be.
This issue invariably comes in personal injury trials, when the defense has exhausted fighting over all the other previous issues. You then have to go ahead and prove to the jury that your injuries are significant and how these injuries have caused you certain disabilities and are preventing you from doing your normal work and so on. You will have to prove to the court how the injuries have affected your life and how you will never be the same again.
These typical issues are mostly fought over in different types of personal injury cases or wrongful death cases. Firstly, the defense will refuse to accept liability and will try to say that they were not responsible for the accident. When that does not work, they will try to put part of the blame on you, and say you were partly responsible in causing the accident. When that strategy fails, the issue will be about the accident being the cause of your injuries. Finally when nothing has worked for the defense, they will try to say that your injuries are not as significant as you claim them to be.