While you’ll have to try to prove liability on the defendant’s part in your personal injury case, there’s a good chance that they’re going to throw up numerous defenses to try to block your recovery. One of the most effective and problematic for you is comparative negligence. Here, the defendant argues that you’re partially to blame for the wreck. If they’re successful in showing that, then your recovery could be dramatically reduced or even eliminated. You can’t let that happen.
The answer to this question really depends on the facts of your case. However, here are some tips that you’ll want to consider implementing in your case:
- Put your actions in context by comparing them to those of the defendant.
- Use experts to show how little your actions contributed to the wreck, if they contributed at all.
- Be prepared to attack the credibility of the defense’s experts.
- Present evidence that contradicts that put forth by the defense.
- Find ways to attack the truthfulness and thus the reliability of the defense’s other witnesses.
- Show the true extent of your damages so that even if comparative negligence applies, you’re maximizing your recovery as much as possible.
There might be other ways that you can defend against a showing of comparative negligence, but your first step is anticipating the defense’s arguments and then seeking out evidence to counter them.
Fight to protect the viability of your personal injury case
A haphazard personal injury case is bound to fail. Therefore, you need to put in the work necessary to build a persuasive case that protects the integrity of your claim as much as possible. If you’d like more information about how to do that, then please continue to read our blog.
