If you have been convicted for a crime at a young or older age, we are sorry to say it may resurface during your personal injury case. Although a personal injury case is quite sensitive and should instead be standalone, a defendant may likely use it against you.
These are just the legal rules and how things are done among defendants and plaintiffs in a personal injury case. The defendant’s lawyer and insurance company will try as much as possible to eradicate or reduce the settlements as much as possible. However, you don’t need to worry too much. If you hire an expert personal injury lawyer, you can beat your opponents at their games.
Where Previous Conviction Affects Personal Injury Case
One of the easiest ways a defendant can negate your injury is by projecting where you have been dishonest about a situation. The defendant may either emphasize that the incident didn’t happen or the damage isn’t as severe as claimed. A perfect example is when the plaintiff has a history of defrauding an individual with a fake medical report.
If the defendant’s attorney can convince the jury that you cannot be trusted, it will reduce your chances of winning. A criminal financial record may also limit the compensation options for wage loss. This particularly applies if the fraud was committed at a workplace.
Proceeding with a personal injury case until litigation can be time and money-consuming. Thus, most attorneys recommend that the issue is settled out of court. You may only proceed to court if both parties do not agree to a common ground or the defendant keeps digging into your past to rub you off your entitlement.
What’s the Solution?
The best way to deal with previous convictions in a personal injury claim is to be transparent with your attorney. You need to inform your lawyer of every crime you have been convicted of and anything related to the crime. This will help you and the attorney prepare for the questions and respond correctly.
A competent lawyer will likely waive a jury trial and let a judge handle the case. Judges are more likely to treat your case based on the available evidence and not some criminal records. In your best interest, avoid speaking to the defendant without the presence of your attorney. You shouldn’t also try to prove a point to your defendant; allow a lawyer to defend you.
Rounding Up
The impact of your past convictions on your personal injury claim will determine its relevance. Factors such as the nature of the crime and length of sentence will evaluate the strategist to be implemented by your lawyer. Provide further information or evidence to strengthen your personal injury claim.
