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The Impact of a Sympathetic Plaintiff in Personal Injury

There is a good reason why 80% of personal injury lawsuits never see the inside of a courtroom.

judges-gavelDefendant’s lawyers know that sympathy plays a large role in a jury’s decision. This is particularly true for a truck accident, as the injuries are usually debilitating, compelling a jury to apply punitive damages. Research into jury behavior shows that the majority of disagreements between a judge and the jury are not evidence related but rather judgments on the plaintiff’s character. An experienced Missouri truck accident attorney knows this and will use it as leverage during settlement talks.

How the Loss of a Loved One Affects a Family

Take for instance a wrongful death case in McDonald County. A tractor-trailer crossed the center lane and crashed into another tractor causing death to that driver. The only surviving members of his family were an elderly mother and adult son who together filed the wrongful death suit. Normally in this type of circumstance, the family needs to show how the loss of the loved one adversely affects their life. In this case, there was no economic loss to the plaintiffs, and being adults, no loss of guidance. Feeling confident that the jury would not find cause to award compensation, the trucking company refused to settle and allowed the case to go to trial.

Plaintiff’s attorney’s focused their attention on the loss of the man as a whole. They discussed his work ethic and love for his family in addition to his having served in the military. They painted a picture of a man whose loss was not only felt by his family but on society. The jury deliberated for only a few hours before finding for the plaintiffs and awarding them an astounding $1 million.

Severe Injuries and Costly Medical Bills

Big awards and settlements are not uncommon with trucking accidents. The nature of an injury after a passenger vehicle is hit by a semi is usually severe, not to mention costly. Many plaintiffs require years of rehabilitation before recovering if they even do. In addition, with the special laws, the federal government imposes on the trucking industry, finding liability on the part of the company or driver is easier than with a typical passenger vehicle collision.

Tactics of the Defense Attorney

A Missouri truck accident attorney will be sure that the defense has a clear picture of how sympathetic their client is. On the other hand, defense attorneys’ don’t view a plaintiff as a person, but rather an obstacle to overcome. Tactics will be employed to try and discredit or downplay the credibility of a plaintiff. These tactics may include video surveillance and character assassination.

If you have been injured, or lost a loved one, in an accident with a large truck, then you deserve compensation for the damages incurred. Trucks pose a large threat to drivers of passenger vehicles and should be held accountable for their reckless behaviors. The Hoffmann Law Firm, L.L.C.  will know exactly how to use your injuries as well as your credibility to help you receive the maximum amount of compensation that the law allows.

Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 today.

Updated: June 5, 2019