If you’re filing a claim for compensation for your injuries, you may have heard of or encountered the empty chair defense. To ensure you receive the full compensation you deserve, it is important for you to be aware of potential counter-arguments the other party may try to use against you.
As the name implies, the empty chair defense attempts to put the blame on someone not involved in the case. Several states allow the empty chair defense, but there are a number of restrictions. You may still have to deal with this argument during a trial, so you should be well prepared. Learn more about the empty chair defense in personal injury lawsuits in this article.
How Does the Empty Chair Defense Work?
It is common to use the empty chair defense in injury cases. This defense consists of blaming someone irrelevant to the case. An empty chair defense is used by a defendant in a courtroom to prove that the plaintiff is solely accountable for his losses due to a third party.
There are some rules and limitations to this defense under the law. By using this argument, the defendant seeks to deflect criticism away from themselves and put the blame on a party that isn’t there to speak for themselves.
No, there isn’t an actual empty chair in the courtroom. As a result, the defendant who is present tells the jury that someone or something who isn’t present is responsible for everything that happened. According to them, the jury should not hold them accountable because the other person is to blame for what happened.
Reasons That Lead to An Empty Chair Defence
An empty chair defense can be used in a variety of instances during a lawsuit. An empty chair defense may result when the plaintiff does not name a party and the defense does not join them in the lawsuit.
One of the defendants can also use the empty chair defense if they settle before trial with the plaintiff. There is a possibility that the empty chair defense may come up in a personal injury lawsuit if a party is dismissed due to summary judgment or other procedural reasons.
How Does It Work When One Party Settles Before Trial?
Settlements before trial are not heard by the jury. It is not disclosed that the other side settled, nor is it made public how much was settled. Courts don’t want juries to speculate about the liability of non-parties or the purpose of settlements, so they forbid them from doing so.
The Empty Chair Defense – How to Respond?
The empty chair defense can be countered in a number of ways. Your Las Vegas Personal Injury Lawyer will ensure that all necessary parties are named in your lawsuit. If you are considering settling with one or more parties before trial, they can help you determine if they will succeed with the empty chair defense.
In addition, by working closely with your attorney to prepare your evidence, you can prove to the jury that the defendant in court is liable for your damages and losses. Your claim will be fully and fairly compensated if the jury is convinced that the defendant was at fault in any way.