3 Actions Defendants Facing Criminal Personal Injury Case Can Take to Limit Liability
Defendants in a criminal personal injury case usually do not take appropriate actions to limit their liabilities in bar fights or other physical altercations. The amount that the guilty party must pay the victim to compensate for the losses due to injury must be justified. Too often we see the defendant paying multiple times more than the cost of the damages incurred by the plaintiff.
Usually this happens because the defendant is not fully aware about legal peculiarities relating to criminal personal injury cases. Below are 3 simple actions that defendants can take to minimize the personal injury liability.
1. Verify the Plaintiff’s Claim
Medical costs borne by the plaintiff as well as loss of potential income due to injury play an important part in a personal injury case. The amount of compensation is largely determined by these two factors. However, defendants often do not conduct document discovery to verify the plaintiff’s claims.
The defendant should verify the documents that relate to medical costs borne by the plaintiff due to injury. It’s also important to look at the income history of the victim to ensure that the compensation amount is justified.
2. Challenge Claims Made by the Plaintiffs
The defendant must challenge the claim in a court if any discrepancy is found while evaluating documents relating to the plaintiffs medical costs and income. The discrepancy can be regarding the costs of medical care, medicines, therapies, or other areas relating to treatment of the injury.
Failing to verify weaknesses in the plaintiff’s personal injury claim could result in the defendant paying out more in compensation than the plaintiff deserves. It’s also important for the defendant to find out whether the plaintiff took reasonable care to minimize the damage due to injury, correctly calculated lost earnings, and showed accurate expenses incurred in treating the injury.
3. Hire a Vocational Expert
If the plaintiff who has been injured returns to work, the compensation amount will be less. In this circumstance, the testimony of a vocational expert can prove invaluable. However, most often, defendants do not request the assistance of vocational experts in a bid to save money. Lack of input from a vocational expert can work in the favor of plaintiff, thereby inflating the compensation cost.
Overall, the defendant in a personal injury case can greatly increase the likelihood of reduced compensation by hiring a qualified attorney. Make sure that the attorney has years of experience in defending personal injury cases on behalf of the defendant. The more experienced the attorney, the higher the chances that the compensation awarded to the plaintiff will be justified and fair.