5 QUESTIONS TO EXPECT DURING LITIGATION IN A SLIP AND FALL CASE
Accident victims in personal injury cases are often unaware or unprepared for the barrage of questions that the opposing party’s legal representatives will ask during a deposition. These questions are sometimes simple and direct. In most cases, however, they take a vicious turn as the victims are bombarded with questions designed to throw them off balance and disprove their claims. The intent behind these questions is to create doubt on the victim’s statement and claims so it important for them to stick to their story. An experienced legal practitioner knows to properly prepare their client for such depositions by letting them know the kind of questions to expect and how to answer them.
What Day of The Week Did the Accident Occur?
As simple as this question is, a wrong answer can mean the claim gets tossed out. It is expected that the victim knows the exact day of the week the accident happened. All evidence, from surveillance footage, timestamps on photographs, and even signed witness statements are expected to provide consistent data to be considered legitimate.
Where Did the Accident Occur?
Again, another seemingly harmless question. However, it is loaded with traps and an unprepared defendant will fall. Knowing the address of the location where the accident occurred proves the victim is not mistaken in their claims to who is liable. Lafayette slip and fall lawyers who are quite versed and experienced in such cases coach their clients on how to answer such tricky questions.
Is Your Vision Impaired?
These kinds of questions are intended to fault the victim by proving they exhibited some negligence thereby reducing liability on the part of the opposition. The defendant and their attorney should be able to confidently respond that their impaired vision is remedied with the right equipment (glasses or contacts) and cannot have caused them to fall. They should also emphasize the hazardous conditions that could have caused even a person with perfect vision to experience the same plight.
Were You Under the Influence of Drugs or Alcohol?
This question is also geared toward fault transfer. In this instance, the claimant needs to be very careful. If the victim was indeed under the influence of drugs (medicated or recreational) and or alcohol, it is expected that their attorney should know long before the deposition. This allows them to construct a strategic response that will prevent the opposition from passing fault to the victim for the accident.
What Were You Carrying at the Time of the Accident?
It is well known that most slip and fall accidents at work, home, or school are triggered by the victim carrying something heavy or unstable which could have caused them to lose their balance and fall. If the victim wasn’t carrying anything of consequence, there is nothing to worry about. However, if the victim was carrying potentially accident-causing items, the attorney will have to ensure that the client’s response refutes any counterclaims disputing the actual cause of the slip and fall for the items being …
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DetailsCan You File Motorcycle Injury Claims When You Were Not Wearing A Helmet?
Motorcycle accident injuries tend to be very severe, with motorcyclists being around 5 times more likely to end up dead in road accidents when compared to those inside passenger vehicles. Several factors influence motorcycle accidents, including whether or not a helmet was worn. But, this might not be as important as you might think.
According to a top rated motorcycle accident attorney in Massachusetts, in most cases, you can file injury claims even when you did not wear your helmet. However, there are differences when talking about this from one state to the next.
No Helmet Defense
There are US states where it simply does not matter if the helmet was worn or not. This is because of the fact that a similar approach happens in regular car accidents in regards to the seatbelt. When states decided that during car accident claims the failure to wear the seatbelt is irrelevant, a very similar approach is taken with the helmet in motorcycle claims.
Helmet Defense For Lower Damages
In most US states, the defendant can introduce a defense that the plaintiff did not wear their helmet when determining appropriate damages. This is a logical defense because wearing helmets do mitigate some of the injuries suffered.
The helmet defense appears during the damages phase of the process. To be allowed, this is a defense that requires the defendant to fully prove that the injuries of the plaintiff would have been less serious in the event that a helmet would have been worn. Basically, if broken bones appeared but there are no head injuries, not wearing the helmet is not relevant.
In the states where this is an acceptable approach, the jury apportions fault for the parties involved. This does include the victim. Injuries can be recovered when the fault of the victim is under 50%. The only difference in payouts is that they are reduced by the fault percentage of the victim.
Helmet Defenses In Damages And Liability Phases
The last approach is the one that is the rarest. When the motorcyclist does not wear the helmet, it will not influence the accident taking place. Actually, in many states, the adult rider is not obliged by law to wear the helmet while riding a motorcycle. The defendant can thus argue the fact that the injuries would have not appeared when the plaintiff was wearing the helmet but this is irrelevant since the law states nothing about it.
At the end of the day, what is very important is to get a motorcycle attorney to represent you as you file an injury claim. This is true whether you had the helmet on or not. Your lawyer is going to build the strongest possible case based on the unique circumstances of your accident. Also, the legal professional will make sure that all legal actions that can be taken will be taken so you will receive the highest possible financial compensation. This is the desired outcome in all cases, regardless of injury or actual …
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