Accidents are bound to happen at some point in an individual’s life. Thankfully, many accidents are minor and can be resolved with time or quick action. Unfortunately, more major accidents can leave a dent in your circumstances. Some of these incidents may not have any basis of truth in them!
If you are on the receiving end of a fraudulent personal injury claim, then things will get murky. The law will be involved to the point where you must defend yourself without hesitation. Luckily for your situation, many strategies exist to do this. These are the following tips when defending yourself against a fake personal injury claim.
1. Know The Fraud
Personal injury claims that do not have much merit could still prove viable in court. It will be up to your lawyer to eventually combat these claims to defend yourself. However, knowing what sort of fraud is attached to the claim being filed against you is crucial.
These types of fraud can be disseminated into two separate sections. The first is hard fraud, which could see the other party staging certain events to make you look bad. Soft fraud is the other category, which could see certain injury claims being wildly exaggerated. It is important to know what you are dealing with first, and then you will be set to proceed.
2. Determine Your Situation
Once the personal injury claim has been filed against you, you must determine a course of action. Namely, it is important to gather certain pieces of information from which the claim originated. For example, note what would transpire if a car collision involved you and another party.
Both sides of the situation will have their statements rigorously reviewed in a court of law. Here, a judge will take both lawyers’ reviews of the incident and decide what is truthful. So, make sure to gather or document every single piece of proof that you can! These will prove to be useful for the short and long term.
3. Getting a Lawyer
Of course, the most important step in this situation is to get yourself a lawyer like Walker Head. These professionals are at the top of their class, and they will be able to defend you at all times. Fortunately, many legal representatives specialize in this area of the law. That is because fake personal injury claims are always launched, whether they succeed or not.
A defense lawyer can dissect your recounting of the events and any proof provided. Then, they will form the basis of an argument for the coming legal proceedings. Always speak to a few defense lawyers at different personal injury firms first. Then, proceed with the one you are most comfortable working with.
4. Insurer Cooperation
Another major party that will be involved in the situation is that of an insurer. Insurance companies will be called in the immediate aftermath of the event. That is because they will usually try to dissect what has transpired and offer coverage for a legal defense. Moreover, it is legally required for them to be involved at some point during the unfolding situation.
5. Legal Proceedings
Once the claim has been taken to court, you must ensure your affairs are in order. Ensure you cooperate with your defense lawyer and inform them about everything that transpired. Every detail matters in the long run, so be upfront about your side of the story.
Then, both lawyers on each side will discuss what happened. Your personal injury defense lawyer will try to find gaps in opposing arguments. If the claim was fake enough, then this would be quite easy to fight back against. Plus, a judge will be able to see that the lawsuit was not as factual as originally intended.
6. Final Steps
After the fake personal injury lawsuit has been dismantled, one of several options then becomes possible. First, you may be in a situation where you could countersue for damages incurred. This would see a new lawsuit being filed by your lawyer on your behalf.
Remember, it is key for you to discuss this with your personal injury defense lawyer first. Their guidance will be crucial, no matter what stage you are currently in. However, It is pivotal to get through the initial court proceedings first. Then, you can effectively move ahead in your next legal action plan!
