Bernstein & Maryanoff

Miami Car Accident Lawyers
Discussing Common Defense Strategies

When a Miami car accident takes place, it often leads to the possibility that the person or people who have been wrongfully injured will pursue justice by way of a Florida personal injury lawsuit .  While some may think that pursuing this course of action without legal help is possible, the reality is that once the legal process begins, professionals including defense attorneys immediately get involved, and those who want to provide themselves with the best opportunity to succeed need the help of Miami car accident lawyers .  Below is a brief look at some of the defense strategies that could be used in a Miami car accident lawsuit.

Pre-existing Injuries

One of the first sets of documents that Miami defense attorneys will want to review carefully involves the medical history of the person or people making the claim.  This is done partly because any past injuries that are related to those currently being claimed as part of the lawsuit could lead to arguments from the defense that these injuries were already in existence before the accident.  This claim of pre-existing injuries is quite common, and experienced Miami car accident lawyers can help get around this strategy.

Comparative Fault

Another common strategy that defense attorneys will use is to argue that the person or people who have been injured were partially at fault for the accident at issue.  This is done because Florida has comparative fault standards in place, and the more the defense can make it seem that the plaintiff was at fault for the accident, the lower the damages amount would ultimately be if the plaintiff wins the case.

Attempting to Disallow Evidence

Every Florida personal injury lawsuit comes down to the evidence that can be offered for proof.  The admissibility of any evidence in court involves highly technical arguments and rules that can take years of legal experience to master.  If defense attorneys recognize that the plaintiff does not have the help of experienced Miami car accident lawyers, it would be advisable to inundate the plaintiff with motions regarding proposed evidence in hopes that some or much of it either is not offered or is ruled inadmissible because of the plaintiff’s inability to counter the arguments made in these motions.

The examples above are only three of many different defense strategies that are used in Florida personal injury lawsuits .  If you or someone you love has been harmed in an accident, you need to seek the help of Miami car accident lawyers who have years of experience in handling these matters successfully.  Contact Bernstein & Maryanoff today to schedule a free initial consultation.