What exactly is personal injury?
What is the term “personal injury”? Most people would be quick to confirm that personal injury is any injury to one’s own body causing physical harm. According to Wikipedia.org personal injury is defined as a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. Personal injury (also known as tort law) is the “umbrella term” to describe some sort of loss (personally and to one’s self) However, there are many categories that fall under personal injury to include: car accidents, truck accidents, motorcycle accidents, DWI accidents, pedestrian accidents, construction accidents, accidents while working as an employee or contractor, slip and falls, dog bites, assault and battery, defamation of character and medical malpractice. So as you can see from the various examples above, personal injury can arrive in any one of our lives out of the blue and at any time. Therefore, it is extremely important for all individuals to be aware of the different types of personal injury that exist, because you never know when your life can be turned upside down.
Calling the Defendant on their Bluff
Many time’s after we are injured by another in some type of way, we feel hopeless and defeated at that moment. In addition, we may experience pain (literally), frustration, confusion, and a sense that we are alone. Usually, the act itself that has invaded our personal space has us very uncomfortable and in a discombobulated state asking ourselves, what just happened. This is very common. As a matter of fact, it is so common that depending on the severity and swiftness of the injury, an individual may not even remember all of the details. Other times, an individual may remember very clearly what exactly happened, step by step. Have you ever confronted an individual after they hurt you in some type of way, only to have that person simply deny all wrong doing? Place the blame on you? Try to convince you that your injury was somehow your fault? Well if you have, then you are already a few steps ahead in understanding the fast pace world of personal injury!
Majority of the time in these types of cases, the Defendant denies all liability or in other words that they are at fault. Yes, yes I know, this is surprising right? You are wondering how could a restaurant deny that they are at fault for a customer falling on a wet spot that was left on the floor. Well, you should definitely regain your composure and be thankful that, that is where attorneys come in. Your attorney is working on your side for you, and will call the Defendants bluff. You have to remember that whomever it is that you hire to represent you, they are putting their business and their name on the line. This is something that you want to keep in mind when moving forward in a personal injury case.
Time to get your hands dirty
I find it so interesting at times that clients who hire an attorney to represent them on a personal injury claim, do not understand why they have to release so much of their personal information. I have had clients ask me: Why are they asking all of these questions about me? Why are they getting in my business? Why are they harassing me as if I am the one that did something wrong? It’s very important to understand that once you hire an attorney who then files a claim for you regarding your injuries, things can get ugly before they get prettier. If your case goes into litigation and a lawsuit is filed on your behalf, that’s when the gloves come off and the hands begin to get dirty. And I’m talking mud dirty. At this stage, pretty much anything goes. You are literally in a boxing ring with the Defendant and each are trying to prove that the other is not telling the truth.
Keep your case alive, and never lie
Do you remember when you were a child and your mother or father accused you some type of wrong doing and you did not want to get in trouble? Do you remember the fear that you had inside of you, while considering your punishment if you were to admit that they were right? Well that is kind of how personal injury cases are. It is imperative that you never lie about anything. We are all human, no one is perfect and everyone has something in their life that they are not proud of. However, in a personal injury case, if you are asked about something, it is best to be one hundred percent honest. In the discovery process, the Defendant’s attorney will try their best to discredit your testimony. Simply saying that you have never been arrested, when in fact you had an arrest three years ago is not a good look. Additionally, it will come out later and actually do your case much more harm then good. Telling the truth will show that you are credible and will at least give your attorney a fair fight on your behalf. Lying during a personal injury claim could also cause the value of your case to diminish sometimes to zero, simply from the act of not telling the truth. The Defendant’s attorney will run with the discovery that you did not tell the truth. If your case goes to trial, a jury can also consider your claim to not be trustworthy due to a simple lie that was discovered.
Bring in the money!
All personal injury claims are not the same. They vary in facts as much as the many colors you can create from a rainbow. No matter what type of personal injury claim that you may have, there is no argument that you should be reimbursed for everything that you lost. Peace of mind, interest in life activities, your physical and mental strength, and even finances. Your attorney wants to get you as much money as possible to bring you back to this balance. In order to bring you back to balance and to compensate you for all of your pain and suffering, your attorney depends on your credibility. Keep in mind, your attorney would not have even accepted your case, if they did not believe in your case. So to ensure that your personal injury claim turns into a dream come true and not a nightmare, never lie about even the minor details on your claim.
Thanks to our friends and contributors from Brandy Austin Law Firm PLLC for their insight into