Personal injury lawsuits in Pittsburgh turn on the parties’ level of understanding.
“I need a moment to speak to my client.” This plea is often blurted out by attorneys during depositions following a damaging statement made by their client. The problem is that the client was not prepared for a difficult line of questioning. The solution is knowledge.
All too often, I see people in Pittsburgh, involved in personal injury lawsuits all too willing to blindly turn the fate of their lawsuit over to their attorney. They think the lawyer will be able to see them through to victory and all they have to do is sit along for the ride. This is a big mistake.
Sure, it’s important to a) find a good attorney and b) trust in them. But, you can’t stop there.
Work with your attorney and use the internet to make sure you understand your case.
If you are a Plaintiff in Pittsburgh, sit down with your lawyer and figure out what claims you can and should bring to best protect your interests. Once the claims are determined the thinking game begins.
Consider the facts of your case. Look at the incident from the eyes of the defendant. What do they think happened? How are they likely to defend what happened?
Figure out the theories of your case and the defense theories that you will face.
If you don’t understand how you and your attorney will prove your case then you will have no way to know how to answer the tough questions posed by the defendant at deposition and trial. Failing to understand the legal and factual theory of your case handicaps your chances of victory.
Example- I had a case where my client fell 12 feet out of a second story sliding glass door onto concrete below because the defendant never built a deck outside the door. My client, super nice kid, suffered a significant head injury. This happened late at night during a party where, of course, alcohol was involved.
One of the defense theories was that my client didn’t fall out the window but rather was on the lower patio smoking, passed out and hit his head. This argument, if accepted by a jury, would have destroyed our case. Because of the head injury, my client was somewhat hazy as to how the fall happened but he had a strong recollection of falling through the air. Had he and I not sat down and plotted out all of the defense’s possible theories he would have been caught off guard. Surprise should be avoided at all costs. Being caught off guard will often destroy a valid case. Fortunately, we anticipated the suggestion that my client simply passed out. In response, my client made it clear that he was positive that he remembered falling through the air. His legal theory and lawsuit were preserved.
To be a good witness, you have to understand the law and the legal theories behind your case. By anticipating what the opposition is trying to do you can cut off their avenue of success and pave your own road to victory. Share this post :
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