5 Ordinary Denials Used by Defendants to Escape Personal Injury Claims

Legalby Mashum Mollah28 January 2021

Personal Injury Claims

If you sustain severe injuries either due to an accident at your workplace or someone else’s fault or negligence, you will file a personal injury lawsuit. Your attorney will help you demand and win your entitled remunerations to cover your medical bills, lost wages, and other incurred expenses.

Though it might appear like a straightforward walkover, your case can get complicated if it involves hefty compensations.

The other party would also have a defense team with lawyers who are highly competent at defending against a personal injury claim, such as yours. The high values will compel the defendant to build a robust defense strategy to challenge you, ensuring the case gets dismissed or the court lowers your reparations.

Here are five potential defenses that the other party may put forth to escape liability:

Assumption of Known Risk

The defendant’s team may argue that you assumed the risk involved in a dangerous activity and proceeded to engage in it, making it a reason not to claim the coverage.

A smart lawyer will try proving that the dangers were unknown, and you did not have the subjective knowledge of the risk involved in the activity. They will argue that you did not voluntarily accept the risk before becoming an injury victim.

Comparative Negligence

It is a common strategy that a defendant uses. The defendant will do their best to put all or part of the blame on you, thus shielding the responsible party from complete liability and reducing your injury claims. This defense varies with different states. For instance, in New Jersey, the damage amounts paid to you get reduced as per the percentage of your fault.

But when you hire an attorney, they will prove that you were not at fault, ensuring no change in your compensation amount. You can have a slightly modified or low settlement in the worst cases, depending on your role in the accident.

The Presence of Pre-existing Injuries

You might have endured injuries from your previous accidents; the defendant will try using them for their benefit, against you. They may work on proving that your claims are for your past injuries and not the current ones.

A diligent attorney will defend you from such frivolous accusations, proving that you indeed suffered new injuries from the accident in question.

Missing the Statute of Limitations

The statute of limitations defines the legal timeframe you have to file your claim. Once you pass this deadline, your claims get nullified and you cannot seek compensation. Typically, in most states, the time is two years from your accident date; the defendant will argue that you have missed the deadline to file your claim.

However, a skilled attorney will ensure you have all the relevant proofs indicating your accident date and you have not exceeded the statute of limitations. It makes your claims stand valid in the court of law.

Signing a Release of Liability Waiver

In some circumstances, you would have signed a release of liability waiver, even when you knew the danger an activity or event could cause to you. Usually, businesses use the disclaimer to protect themselves from any responsibilities if you suffer an injury at any point in time.

But an attorney can help you file a lawsuit; they make your side strong by proving that the defendant was negligent or intentionally caused the injury. Once established, the court ignores the liability waiver, making way to claim the remunerations for your damages.

Time Taken for Settling  Personal Injury Claims

Trying to win a fair settlement through personal injury claims can be an exhausting experience and the time taken to settle it varies from case to case. In states like New Jersey, it takes a year or more to decide an outcome.

Several factors can decide your case timelines such as your injury category, evidence complexity, the other party’s robust defense strategy, and willingness to negotiate.

But when you engage an experienced lawyer, they counterattack even the most challenging defense tactics the other party applies. They, thus, speed up the settlement process and avoid all possible delays.

Tips to Choose a Qualified Personal Injury Lawyer

Choose an attorney who focuses on offering you expert trial work and holding the insurance company accountable for your fair compensation.

Whether it’s a car accident, medical malpractice, slip and fall injury, product liability, or construction site accidents, the lawyer should be an expert in every personal injury case. Ensure they use sophisticated audio and video technology to show the jury what you have gone through.

Final Thought

You could be against a party with a highly capable legal team known for its aggressive defense. Consult an adept attorney to confidently take on the business responsible for your injury and win the highest possible settlements to compensate for your sufferings.

Read More:

Mashum Mollah

Mashum Mollah is the man behind TheDailyNotes. He loves sharing his experiences on popular sites- Mashum Mollah, Blogstellar.com etc.

View All Post

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like