If you file a personal injury lawsuit against the driver at fault for your accident, that driver becomes the defendant in the case. The defendant may choose to protect themselves by hiring a lawyer. The lawyer or team of lawyers that represent the defendant in the personal injury case are known as the defense counsel. Here, you can learn more about the role of the defense counsel. You can also learn about the interaction that you will have with the defense counsel here.
The Role Of The Defense Counsel
The defense counsel is hired to defend the defendant in your case. They will work to prove that the defendant is not responsible for the accident. Or, they might try to argue that the defendant’s actions did not cause your injuries. They will do this by building evidence against you and your side of what happened.
Defense counsel will work with the defendant as soon as they are hired. This could include the whole personal injury process, or it could include certain parts. In some situations, the defense counsel will appear on behalf of the defendant in order to represent their interests.
Your Interaction With Defense Counsel
If the defendant hires defense counsel, you will have some interaction with them. A few common instances when you will meet with the defense counsel include:
- Deposition. If you are deposed, the defense counsel will be present. The defendant’s lawyer will ask be the one asking you questions during the deposition. The defendant won’t be present, but the defense counsel will be there on his or her behalf.
- Mediation and settlement. Before going to court, the defense will usually try to propose a settlement option. If this is the case, you will meet with your legal representation. You will also meet with the defendant and their defense counsel.
- Trial. If your case goes to trial, the defense counsel will be there. They will do most of the talking on behalf of the defendant. They will try to prove the defendant’s innocence in the situation.
How To Act
When you meet with the defense counsel, you might be upset. Their arguments might contradict what really happened. You might feel that they are not invested in learning the truth of what happened. They really just want to prove their client’s innocence. This can seem frustrating. But, it is important to try and remain calm. Don’t let the defense counsel get under your skin. You should always address the defense counsel respectfully. This is the case even if you feel upset.
If the defendant in the case has hired defense counsel, you also need to protect yourself. You can do this by hiring your own legal representative. This can make sure that you are not taken advantage of by the defense counsel. For more information on hiring a lawyer, contact our office.