A lot of car accident victims need compensation that adequately addresses the tragic losses that have been thrust upon them. As a result, they end up focusing their time and energy on proving that another driver acted negligently. They gather evidence showing traffic violations, fatigue, or intoxication and use that to show how the other driver is to blame for the car accident. Makes sense, right? Well, that’s not all you should be doing.
Playing defense can be just as important as playing offense
Many states, including Michigan, recognize some sort of comparative fault or contributory negligence. This is legal jargon that means that judges and juries are able to reduce a plaintiff’s award by an amount that corresponds to the plaintiff’s allocation of fault. Therefore, if you’re awarded $100,000 but are found to be 40% at fault, then you’ll actually only recover $60,000. That’s a massive difference that can leave you without the money you need to secure treatment and financial stability.
What this mean for accident victims
What this means for you is that you need to be prepared to play defense as you pursue your personal injury claim. This requires you to analyze the facts from both sides of the case and develop arguments that counter any assertions of fault made by the defense. This is often easier said than done, especially when the facts are open to interpretation.
Have experience on your side
Far too often inexperienced attorneys overlook comparative fault, which can cost their clients thousands upon thousands of dollars, even if they win the case. This is unacceptable, and you shouldn’t put yourself at risk by working with an attorney who is ill equipped to represent your interests. Instead, consider working with an attorney who truly knows how to analyze the evidence in light of the law and make the legal arguments that are necessary to both aggressively pursue the imposition of liability and competently defend you against allegations of wrongdoing.