Accidents can happen anytime and anywhere. When these accidents occur on business premises, they can lead to complex legal battles.
According to the International Labour Organization, every year, around 340 million occupational accidents take place worldwide. On top of that, there are around 160 million victims of work-related illnesses annually as well.
Private industries in the US saw around 2.6 million nonfatal workplace injuries in 2021 alone, according to the Bureau of Labor Statistics. On average, the country sees millions of these workplace accident victims, with many of them seeking legal action against their employers.
If you’re facing a personal injury claim against your employer, it’s crucial to mount a strong legal defense to protect your interests. Here are some of the most important things to remember when planning a solid legal defense.
In most personal injury cases related to your workplace, working with local personal injury lawyers is your best bet. This is mostly because they’re likely more familiar with your employer and can inspect the accident site and other evidence quickly.
Take the 2021 case of the Amazon warehouse collapse in Edwardsville, Illinois. As reported by The State Journal-Register, the warehouse collapsed after a tornado had struck, killing several and injuring many others. Here, Amazon failed to ensure its employees’ safety, despite receiving tornado warnings beforehand.
Many of those injured were eager to seek legal action. To navigate the legal process, each of them got in touch with the best Edwardsville personal injury lawyer they could find. These local lawyers were aware of the tornado and the accident. Thus, they had an easier time establishing the premise of the case and preparing the necessary legal defense for their clients.
According to TorHoerman Law, personal injury lawyers can prepare a solid defense if they can assess the accident site. Local lawyers can do so more easily and in a short time. As a result, they have a better chance of connecting the dots of what led to your injuries. That, in turn, allows them to prepare your legal defense in a short time as well.
Evidence could include photographs of the accident scene and your injuries, medical documents, surveillance footage, witness statements, and so on. You must act quickly and responsibly to ensure that all the necessary evidence is properly acquired and preserved. The longer you wait, the more likely it is that evidence might be lost or memories could fade, potentially weakening your defense.
Keep photocopies of all the documents related to the case. That way, even if one copy gets lost, you’ll still have others to present to the legal bodies.
Your personal injury lawyer is your advocate and legal expert throughout this process. Be honest and provide all the details surrounding the incident, even if you think some information might be unfavorable.
A strong defense is built on accurate information, and your lawyer needs to know everything to prepare the best strategy for your case. Regular updates and prompt responses to their inquiries will ensure they have all the necessary information to effectively defend you.
Determining liability is a critical aspect of any personal injury case. In the context of an accident on business premises, establishing who is responsible can be complex.
It’s important to conduct a thorough investigation to determine whether or not your employer was actually responsible for your injuries. It could also be possible that it might have been your fault alone. Sometimes, third parties or even your own actions might contribute to the accident. A skilled personal injury lawyer will help you navigate these nuances and ensure all liable parties are held accountable.
Many businesses carry liability insurance to protect themselves from such claims. Understanding the extent of the business’s insurance coverage is crucial when planning your defense.
Personal injury lawyers are more than capable of reviewing the insurance policies and negotiating with the provider on your behalf. Remember, your insurance coverage can greatly impact the outcome of your case. Thus, having an experienced and knowledgeable lawyer to help you understand this coverage is vital.
While a legal battle can be emotionally and financially draining, it’s also important to consider settlement options. Based on the strength of your case, your lawyer will advise you whether or not pursuing a settlement is a good option.
Settlements are better in the sense that they allow you to avoid a lengthy court battle. That way, you don’t have to spend too much time, money, or effort on this case.
Your lawyer can assess your settlement options for you. As they do so, they’ll make sure that the settlement you receive adequately covers your medical bills and other losses due to the injuries.
If a settlement cannot be reached, be prepared for court proceedings. Your personal injury lawyer will guide you through each step of the litigation process, from filing the initial complaint to presenting evidence in court. It’s essential to be honest and composed during depositions and testimony. Your credibility can significantly impact the outcome of your case. Besides, your attorney will work on building a strong case, presenting evidence, and cross-examining witnesses to support your defense.
The US Chamber of Commerce reports that businesses spend around $1.2 million every year on average fighting litigation. In many cases, this money goes toward settling personal injury cases filed by their own employees.
However, the settlement doesn’t come easily. A lot goes on in the background before the employers agree to pay up. If you’re filing a lawsuit against a business for your injuries, you need to go through the same. For that, you need a solid legal defense. By following the steps mentioned above and having a personal injury lawyer by your side, this is easily achievable.