New York Personal Injury Lawyers
Explaining Common Defense Strategies

When someone is injured by another person, the injured party often considers the possibility of pursuing justice by way of a New York personal injury lawsuit. While this approach has many benefits, there are also many pitfalls that can come about, particularly if that injured person seeks this form of justice alone and without the help of experienced New York personal injury lawyers. Below are examples of common defense strategies found in these lawsuits.

Delay, Delay, Delay

When someone has been injured by someone else, that injured person suffers not only physically and psychologically, but also financially. Medical bills can begin to pile up quickly even if the injured person has insurance. If that person is injured badly enough that he or she can't work, the potential for lost income becomes extremely stressful.

In short, many people who have been injured by someone else cannot afford to wait too long to secure some form of compensation for their losses. Defense attorneys understand this reality and will at times drag the process out so that the motivation to simply get what he or she can and put this matter in the past becomes stronger. This tactic works, and it can lead to much in the way of justifiable compensation going unclaimed.

Confused the Medical Evidence

Most people suffer at least one injury during their lifetimes regardless of their lifestyle, and when that person is subsequently injured by someone else, a common defense tactic in response to a claim for damages is to attempt to tie that older injury to the new one so that the court will not see the new injury as necessarily caused by the defendant.

Once again, this is a common tactic, and preexisting injury arguments can also be highly effective in furtherance of muddling the issue and reducing the amount of damages that the court and jury will award to the injured plaintiff. Strong evidence must be presented to counter this strategy that directly ties the defendant's actions to the injuries suffered by the plaintiff.

In short, defense attorneys in New York are highly skilled professionals. The tactics mentioned above are not illegal, which means that they are commonly used. Those without a legal background may struggle to combat them, but if someone who has been harmed seeks the help of experienced New York personal injury lawyers, it would greatly aid that person's pursuit of justice and justifiable compensation. If you or someone you love has been harmed, contact the New York personal injury lawyers at Fitzgerald & Fitzgerald today to schedule a free initial consultation.