Personal Injury Defendant: Do's and Don'ts

If you are the defendant in a personal injury case, you have a lot riding on the outcome. Because you have been accused of causing an accident or other personal injury, and the plaintiff who is making the charges has not settled out of court, you already know that the plaintiff is hoping to receive a higher amount of compensation than you or your insurance company were originally willing to provide. It is always difficult to be in this position, and there is a great deal of uncertainty involved on your part. While you are the defendant, there are a number of do’s and don’ts that you should observe in order to make sure that the case goes smoothly and has the best possible outcome in your favor.

What to Do As a Personal Injury Defendant

One definite “do” in a personal injury case where you are the defendant is to keep detailed notes and records.

Collect as much information about the case as possible, and don’t be afraid to have your lawyer interview witnesses or others who may be able to provide information that is beneficial to you. Even information that is seemingly against you can possibly be useful in court, so don’t discount details that might seem to support the plaintiff’s claims, especially if those details can be countered through cross examination once the trial begins. In addition, make sure that you bring any expert testimony into play that might support your own claims or discount those assertions presented by the plaintiff.

One “don’t” in a personal injury case is “don’t talk about the case.”

Anything that you say in passing that could potentially implicate you can be used against you by the plaintiff if it is uncovered during the discovery process. Think of the rules you are read when you are arrested by a police officer: “anything you say can and will be used against you.” This is true for personal injury cases too. Talking too much about the case can lead to the revelation of facts that might hurt your chances of receiving a positive outcome as the defendant in a personal injury lawsuit.

One other major “do” for a personal injury lawsuit defendant is to be honest and up front about what you do know.

You will be responsible for your own statements in court, and you can receive much higher penalties and criminal charges if you perjure yourself by telling falsehoods on the stand. Always be honest if directly questioned while in court, and do not try to lie about the circumstances even if they are detrimental to your case.

Getting Help

You have a lot at stake in a personal injury trial as a defendant, and it is vital that you hire a qualified lawyer to protect your interests. Work with an attorney who specializes in personal injury defense and provide your lawyer with any and all information he needs to know to mount a successful defense against the accusations made.

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