A Personal Injury Lawsuit — Defense Strategies
If you received legal paperwork that indicates that you are being sued by a former employee, the matter may relate to a physical injury that the individual incurred. Use the tips below to defend your position during the legal process.
The plaintiff (former employee) and the defendant (you) both have the right to retain an attorney. Each respective party's attorney will provide skilled legal help throughout the legal process.
If the paperwork that you have received indicates that the plaintiff has already retained an attorney, it is in your best interest to consult with a personal injury lawyer at your earliest convenience.
Personal injury attorneys are typically equipped to provide legal services to plaintiffs and defendants. Research attorneys within the region where your place of business is located. Set up a consultation to discuss the legal matter with the attorney who you select.
An Invalid Or Overstated Claim
First, your attorney will determine if the plaintiff's claim is invalid or overstated. An invalid claim may involve an injury that was not a result of any wrongdoing on your behalf. For instance, if the plaintiff claimed that they slipped and fell, but there is no proof that there were any dangerous conditions that caused the injury, the claim may be invalid.
An overstated claim is one that involves embellishments. An employee may have stated that their injury severely limits them. If the attorney is able to substantiate that this is not the case, the claim may be deemed as an overstated one.
The Duty Of Care
The duty of care determines who is responsible when an injury occurs. As an employer, you have the responsibility of making sure that your employees are equipped with a safe environment to work in. If you are a manager or another person with less authority than the owner of a business, you may not be responsible for an injury.
Your attorney will learn about your role, then will examine the accusations that are listed in the legal paperwork.
A statute of limitations that is imposed in the region where your business is located may deem you innocent of any wrongdoing. If the former employee filed a lawsuit long after they stopped working for you, they may not be legally able to sue you.
Your attorney will review the timeline of events that pertain to the lawsuit. They may file a counterclaim if they discover that the employee had no right to take a lawsuit against you. For more information, contact a personal injury lawyer near you.