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Fishkill Injury Attorney Serving Wappingers Falls, Beacon, Lagrangeville and Nearby Areas of Hudson Valley
Posted: June 27, 2015
When it is clear that the defendant was negligent, a common tactic used by insurance companies and their lawyers is to formally admit liability and just contest the nature and extent of the injuries that were caused by the negligent driver. When this approach is taken, defendants don’t want plaintiffs to offer proof of how the accident happened during the trial and will argue that it is irrelevant. This will not normally result in a judge precluding all evidence of the circumstances of an accident. Evidence of fault is no longer relevant, but evidence of the forces involved in a collision and how the forces impacted/affected the plaintiff is very much relevant to proof of damages.
A perfect example of how evidence of the forces involved in a collision is relevant is when the plaintiff has a pre-existing condition such as a degenerative disc disease condition. After the accident, the plaintiff may have an MRI that shows a herniated disc. The defendant will argue, with the help of its medical expert, that the herniated disc is nothing more than the natural progression of the pre-existing degenertive disc disease. If the car accident involved a minor tap, the defense may be successful. But if the collision involved significant impact and substantial damage to the plaintiff’s vehicle, that will help the plaintiff and his/her treating medical expert to distinguish what pre-existed and what was caused by the accident.
Insurance companies are increasingly using bio-mechanical experts to argue that the force involved in an accident was not capable of causing the claimed injuries. This argument can be effective in some circumstances. An experienced personal injury lawyer should know what to do to counter this type of medical defense.
If you or a loved one has been the victim of a serious injury or fatality due to CAR ACCIDENT, you may be entitled to compensation. Contact an experienced federal and state courts serious personal injury trial lawyer at The Maurer Law Firm, PLLC to schedule a FREE CONSULTATION to discuss your rights by filling out our free website “Tell Us About Your Case” review form, or phone us directly at 845- 896-5295.
Ira Maurer has been repeatedly recognized by Super Lawyers as an outstanding lawyer who has attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. Ira Maurer is also a Lifetime Member of the Multi-Million Dollar Advocates Forum.