As a defendant in a lawsuit, it is critical for you to hire an attorney to build a viable defense to persuade the jury to deny a settlement. However, it is necessary to produce a vigorous defense to avoid payment, especially with a case that presents several tort law inclusions. If you wish to discuss these concepts with a Litigation Lawyer in Fort Myers today, you should contact Fisher Law Office now.
Occupational Disease Litigation
When a claimant files a lawsuit based on the development of an occupational disease, they are required by law to prove that the substance was toxic and that they were exposed. Without these elements, the plaintiff’s efforts could be discredited. The evidence should prove that the level of exposure caused them to develop the illness. Among the first requirement for these claims is to prove that the substance identified in the claim was present inside the location in which exposure allegedly occurred.
Government Standards and Compliance
Another element considered when constructing a litigation defense is to prove that your company was compliant with government standards at the time of the alleged incident. This includes company policies in place to protect workers, warning labels for all chemicals stored or used, and compliance with all OSHA standards.
In the event of a negligence claim, evidence of compliance is key to avoiding a high-valued settlement. With these claims, you need to provide proof that the victim was partially at fault based on their own failure to follow your company’s safety policies. All surveillance footage which could prove the carelessness of the victim during the incident provides key evidence to discredit their claim.
Statute of Limitations
Each state requires the victim to file a claim before the statute of limitations runs out. In most cases this window of time is between two to four years. The statute begins on the day of the accident. If the defendant can prove that the statute of limitations has run out, the state may throw out the case altogether. In most states, a failure to meet this requirement forfeits the victim’s right to sue.
If you become the defendant in a lawsuit, you should contact a Litigation Lawyer promptly. He or she can build your case more effectively with an adequate amount of time. They can also produce a proper defense based on the circumstances of the claim. To hire an attorney today, you should visit the website.
