You can try to live your life in a plastic bubble, but you can never control the actions, or negligence, of others. It is common for the blatant disregard of another individual to cause an accident that leaves you injured, in pain, or even unable to work. From car accidents to irresponsible business owners, it can seem that when you are injured, there is no way anyone could say you are at fault for your own pain and suffering.
However, the easiest way to take the sting out of a personal injury lawsuit for the person being sued is to shift the blame on you. Here are a few common terms you should discuss with your personal injury attorney about liability.
Negligence - Negligence could be used for or against you in a personal injury claim. For example, if another driver rear ends you, it could be be considered negligence, but if you failed to signal that you were turning, the negligence could be placed on you. The degree of negligence could be used to help win the case on your behalf; however, if at all possible, the other party will could also try to use your own negligence against you. It is important to fully understand negligence in your case on both sides of the fence.
Proximate or Direct Cause - What directly caused the injury? This is where proximate or direct cause could come into the case. If possible, the defendant in the claim will try to find a way that your own injury was a direct or proximate cause by you. If you did not heed a sign to stay out of a certain area of a store and you were injured because of it, the defendant could claim that you are responsible.
Reasonable Conduct - In a lot of personal injury claims, reasonable conduct will come up. You should discuss with an attorney (such as one from Stapleton Law Offices) any action on your part that you think could be used to place the blame on you. If there is any conduct that is deemed questionable, it is not uncommon for a defendant to use this in the case to make you look like you caused your own injury.
Talking openly with your chosen attorney about how the blame in a personal injury case could be shifted in your direction will prepare you for the inevitable in a lot of cases. Although most of the time the misplaced blame will be disregarded, it will be a lot easier on you if you do know what to expect.
My husband does much of our auto repair work himself. We do all that we can to save a dollar when we can, and doing the repair work saves us a small fortune each year. Unfortunately, all of the money that we have saved over the past 15 years has gone to pay the medical bills that we have accumulated during the last several months after a floor jack failed and dropped our car on top of my husband. A few days after the incident, I contacted an injury attorney. I have created a blog to help others that have been injured due to faulty products find some sort of resolution.