In order to succeed on a personal injury claim, you need to prove that another individual acted negligently, and that that negligence caused the car accident in question and your injuries. This usually means presenting evidence that shows that the defendant was breaking traffic laws of some sort along with evidence that shows the extent of your damages. While these are important matters to take into consideration, requiring thorough preparation, you can’t lose focus on what the other side is going to argue in an attempt to escape liability.
Beware of contributory negligence
One strategy that is often deployed by defendants in car accident cases is arguing contributory negligence. Under Mississippi law, the amount of recoverable damages can be diminished by a plaintiff’s allocation of fault. So, if you suffer damages that a jury finds is worth $100,000, but you’re found to be 50% at fault, then you’ll only recover $50,000. That means that contributory negligence can leave you well short of what you need to get out of your financial predicament and secure the stability necessary to focus on your recovery. It’s worth noting here, though, that you can’t be barred from recovering compensation, regardless of how much fault is attributed to you.
Protecting yourself from contributory negligence arguments
With contributory negligence in play, you need to be prepared to play both offense and defense when pursuing your personal injury case. You have to be able to anticipate how the weaknesses of your case will be exploited and be prepared to counter accordingly. This may mean denying the accusations altogether, but it might also mean minimizing the impact of your errors to show that they had very little causal effect on the accident and injuries at hand. You can prepare yourself for these arguments by conducting depositions, engaging in thorough witness prep, effectively cross examining witnesses, and crafting compelling legal and closing arguments.
Get the help you need and deserve
Dealing with legal issues can be challenging any day of the week, but it can be especially difficult when you’re still trying to recover from your injuries. But you don’t have to shoulder the burden of a claim on your own, though. Instead, you can have a strong legal ally on your side who can help you develop the legal strategy you need to protect your claim. If you don’t have competence on your side, then you’re doing yourself a disservice.