Cleveland Personal Injury Lawyers: Why “Clear-Cut” Personal Injury Cases are Rare

March 19, 2015

As Cleveland personal injury lawyers, we have dedicated our practice to representing those who have been injured by the negligence of others.  Motor vehicle accidents, medical malpractice, product liability, nursing home injury—regardless of how you or a loved one have been injured, we are here to help.  But, even if you do not choose the experienced trial attorneys of Lowe Scott Fisher Co., LPA to represent you, you should still contact a personal injury lawyer even when you believe you have a “clear-cut” case that can be settled with insurance.  Because the truth is there are rarely “clear-cut” personal injury cases.

How Insurance Adjusters and Defense Lawyers Turn Your “Clear-Cut” Case into a Murky Mess

Following an injury where you believe another person was clearly liable, trying to negotiate a settlement on your own is difficult.  Insurance adjusters are trained to begin their negotiation from a position of doubt and cost-consciousness.  They will doubt that their insured is liable.  Send them a police report citing a negligent driver and they will doubt that your injuries are real.  Send them a doctor’s findings and they will doubt that your injuries were caused by this particular accident.  And on and on.  No matter how “clear-cut” a case seems to you, it is unlikely that an insurance company facing liability will see it the same way.

Once the negligent party or their insurer involves defense counsel, your “clear-cut” case will be subject to even more arguments and disputes.  In cases where their client has acted negligently, defense attorneys will typically attempt to defeat (or, at least, partially defeat) liability by pointing the finger back at you, the victim.

Their client was cited for running a red light and causing a car accident?  They will do their best to impute the car accident to your slight speeding, or blame your injuries on your failure to inspect your brakes. The same applies to your actual injuries.  While your headaches and back injuries began immediately after your accident, defense lawyers have no qualms attributing those ailments to other accidents that you were in years earlier.  Suddenly your “clear-cut” case is turning into a drawn out battle.

Of course, you would not go into battle on your own, nor should you attempt to resolve a personal injury matter on your own.  If you or a loved one have been injured, you need the experienced representation of a proven Cleveland personal injury lawyer.  Contact Lowe Scott Fisher Co., LPA for a free consultation.

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