LawThe Common Defenses in a Personal Injury Claim

The Common Defenses in a Personal Injury Claim

Let’s say that you got involved in a tragic accident and sustained severe injuries. Now, you can exercise your right to claim compensation for your injuries. You file a personal injury lawsuit to recover your losses.

In addition, you have the evidence to prove that the other party was negligent and is culpable for your injuries. Despite these efforts you have made, the other party is not responsive; instead, they are making good use of the defense strategy to minimize your settlement or even make the court dismiss your case. These events are most common in the high-value settlements. 

Insurance companies or defendants take advantage of the defense strategy to block your claim or reduce it. All they care about is their profit margins. In this article, we will traverse the most known defenses such defendants use in a personal injury claim to help you water them down. Let’s begin. 

Contributory Negligence

This is the most common defense utilized in a personal injury claim. The defendant will work hard to shift the blame on the plaintiff so that all or part of the injuries are apportioned to the plaintiff. When the plaintiff demands compensation due to a car accident, the defendants may claim that the plaintiff did not wear a seatbelt, which resulted in more injuries. 

The defendants may argue against the injuries, explaining that the plaintiff did not prevent injuries by not wearing a seatbelt.

Assumption of risk

This happens when the victim/plaintiff assumes all or part of the risk of an apparent dangerous activity. The defendant will try to say that the plaintiff should have known the danger of the injury and, hence, cannot be compensated for the injuries.

Plaintiff’s pre-existing injuries

Doctor helping a patient with a fractured legImage source

If you incurred an injury or had an accident in the past, the defense attorneys and the insurance company may use that against you. They may claim you want compensation for past injuries, not current ones. Fortunately, your lawyer can water down such an unfair accusation and defend you by giving evidence on the difference between the new and past injuries.

Release of Liability waiver

If you agree to sign a release of liability waiver, you might lose your right to seek compensation. Fortunately, these liability waivers do not block individuals permanently from filing a lawsuit. The court may vehemently ignore the liability waiver if the defendant is found to be responsible for negligence or has caused the accident.

The Statute of Limitations

You must comply with this legal timeframe and file your claim within it. If you fail to comply with these restrictions, you cannot file a claim or seek compensation. The statute of limitations for personal injury cases in most states is usually two years.

In conclusion, knowing these defense tactics from the defendants is essential to avoiding them and having a straightforward way to win fair and desirable compensation. When you get a severe injury, please don’t be anxious about strategies the defense may use to try to deny your claim; instead, secure the services of an attorney and have them defend and protect your rights.

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