When you file a motorcycle injury lawsuit, you'll be required to provide your side of the story to many different people, including your attorney, the judge, and the attorney for the defense.
The opposing lawyer, the one who's representing the person who caused the accident, may seem like a nice person. However, it pays to remember this attorney isn't on your side—especially while you're giving your testimony.
How the Opposing Counsel Works to Devalue Your Case
The defense attorney may have been hired by the person who struck you, but could also be an attorney from the insurance company that will have to pay for your claim if you're victorious. If you’re trying to handle your case alone, you’re at a serious disadvantage, since the opposing attorney has much more experience and knows exactly what to do to turn the case against you.
In addition to handling your case competently, your own legal counsel can defend you against common tactics used by the opposition to ensure you get a fair deal. For example, an injury attorney can help you by:
- Preparing you for deposition. You must give sworn testimony to the opposing lawyer that will later be used in court. Your attorney will know which questions cannot be asked, ask opposing counsel to rephrase questions that could be confusing or misleading, and advise you on how to answer questions honestly without damaging your case.
- Maintaining professionalism. Victims who are angry or want to explain all the details of the accident are only providing the opposing counsel more leverage to devalue the case. Your attorney should be ready to step in to speak on your behalf if the representative for the other side isn't treating you with the respect you deserve.
- Handling negotiations. An experienced personal injury attorney not only knows how a case is likely to play out in court, but also when an opposing attorney is willing to negotiate. Victims may want an unreasonable amount of compensation, or simply may not know what amount is “fair” for their injury. Settlement negotiations often go back and forth several times, and your attorney should be able to explain the terms of compromise each time before you choose to settle.
Johnson & Gilbert, P.A. has over 45 years of combined knowledge, resources, and experience fighting for injury victims in Florida. Contact us today using the easy online form on this page to schedule your free case evaluation.
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