In the event of an auto accident where there are injuries it is not uncommon for the innocent party to file a lawsuit in an effort to recover all the costs associated with the accident. The costs include real medical expenses and damage to property but often the plaintiff in the case asks to be compensated for undue pain and suffering. Regardless if your are the plaintiff in the case or the defendant you will find it helpful if you are somewhat familiar at least with some of the common defenses which are often employed in personal injury lawsuits when you and your Chicago auto accident lawyer are assessing the circumstances.
Common defenses in any auto accident case either fall into the realm of legal defenses or factual defenses. A legal defense is one which tries to have the claim disallowed based on some existing law or rule. One of the most commonly used legal defenses is a violation of the statute of limitations. Factual defenses depend on the specifics of the case.
Statute of limitations:
The injured party only has so long in which to file a case, this time frame is the statute of limitations. Your Chicago auto accident lawyer will know exactly what the limitation is in your unique case as there is no set standard. A period of time from two to six years is common.
This strategy of the defense is strictly based on existing law, it matters not what the case specifics are, if the case is not filed with the court in time it will be rejected. Although there are rare exceptions to this rule, normally one cannot expect to be granted any leeway.
Some states still have fault rules. In these states the attorney for the defense will often attempt to limit the liability of his client by claiming the plaintiff is either wholly or partly to blame for the accident. It is very important for the case be successful that the plaintiff has sufficient real and tangible support for his version of the facts; the more evidence that the plaintiff has to support his position the better the chance of winning the suit.
The injured party is expected to do whatever he or she can to mitigate the damages to the maximum extent possible. If you are the victim in a car accident where you sustained injuries it becomes your duty not to do anything to worsen your condition. In the event you are injured simply follow your doctor’s orders, don’t try to rush your recovery and rehab and work closely with your Chicago auto accident lawyer to ensure the best possible outcome.
If you have been involved in an automobile accident you will need the services of a Chicago auto accident lawyer. You are invited to contact the Shea Law Group.