Defense is a key position in a battle, or war, and when an army is attacking fortified position, the odds go up in favor of the defense. Your personal injury lawsuit is no different. The insurance company knows you are coming because you filed your injury claim, and you are going on to their ground in order to demand a value for your injury case. The famous military writer, Carl Von Clausewitz, once remarked in his book, "On War," attacking a fortified defense position is a very disadvantageous position to be in, and the odds in favor of the fortified defense goes up 3:1. That is why you need to hire a (trial experienced) battle-tested injury lawyer for your injury case from the very beginning of your injury claim.

You see, one of the defense tactics that gets employed against your injury claim is "counter punching." The defense will through whatever facts that can like mud up on a wall just to see what will stick for the jury. They will do their best to put attention and scrutiny on you, forget the fact that the unsafe choice of their client is what caused your harms and losses in the first place. They will scrutinize your property damage if you have a car collision that does not show much visible damage. Afterall, if you have low property damage, you could not have been injured so badly, right? Even if you ended up with a back surgery, they will hire a defense bio-mechanical expert to try and show that.

If you had any gaps in your medical care, they will attempt to argue you were not badly injured even though you may have some legitmate reasons as to why you did not receive consistent medical care. They will analyze and probe your prior medical findings to see if you have any body parts that were injured in the past that you are making an injury claim for now, even though their client made those injuries worse in the car collision.

The Mudsling Approach

You see, the more they can "mudsling" on you, the more they can try to confuse the jury. My job it to make sure this does not happen. I place the attention and focus on the person that injured you. I focus on the injury producing event, and how it could have been prevented. I place emphasis on the safety rules that could have prevented what happened to you, and I ask the jury to enforce these rules at trial. Afterall, if we, as a community do not hold these safety rules sacred, then what are we doing here? I always say that 50% of the job of a defense lawyer at a personal injury trial is just showing up. As an injured person you have the burden of proof, and in a sense, a defense lawyer just needs to be sitting in their chair to do half of their work by throwing mud at your case.

I turn the tables on the defense by showing the jury that what caused the harms and losses was a choice by the defendant; a decision to violate the safety rule that led to your harms and losses. When you flip the perspective and the jury starts to see through the eyes of the injured person, then all of that mud starts to fall off of the wall that was slinged up their by the defense. 

If you have questions on your injury case, or you have noticed the defense insurance adjuster is already focusing on you and trying to make you look like a fraud with your medical care, you can always contact me for a free legal consult. I do this everyday and speak to folks just like you. I would be more than happy to analyze your injury case and discuss all of your legal options. 

Stay strong, Attorney Mark 

Have You Been Injured In A California Car Accident?

If you've been injured in a car accident, you should speak to an experienced personal injury attorney as soon as possible. You can contact us online or call our office directly at 619-813-7955 to schedule your free consultation with our car accident lawyer. Our award winning team has been servicing clients since 1999 throughout San Diego, California.

Mark Blane
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San Diego Personal Injury Lawyer | California Car Accident Attorney