Common Defenses the Liable Party Could Use in Your Personal Injury Claim
Filing a personal injury claim can help recover damages. Providing sound evidence is the best way to win the settlement you deserve. Here are some common defenses the liable party could use in your personal injury claim.
Common Defenses the At-Fault Party Could Use Against You
When a personal injury claim is successful, it can allow you to recover damages from the at-fault party, typically paid through an insurance provider. Damages can vary, depending on the type of personal injury case at hand, but some common damages include medical bills, lost wages, emotional trauma, and pain and suffering.
Similar to a criminal trial, the defendant has the right to, well, defend themselves or itself from the plaintiff’s claims. These defenses could take various forms. For example, the defense might get the chance to make an oral argument in front of a jury if the case goes to court.
In other circumstances, such as when the two parties attempt to settle the case out of court, other tactics may be employed. Some common defense that a liable party could make in your personal injury claim include:
- Pre-Existing Injury – When you’ve been injured in an accident, one defense that an insurance company or the defendant’s lawyer might use is to point to any injuries you might have had before the accident in question. By pointing out that you suffered from some sort of pre-existing condition or injury, they hope to shoot down your claim to damages from the accident they caused.
- Comparative Negligence – In the state of Florida, comparative negligence means that plaintiffs can be held liable for their responsibility in an accident. If you’re found to be responsible, you may end up owing the other party damages—meaning the defense will be looking to limit its liabilities by proving your role in causing the accident.
- Statute of Limitations – In Florida, the statute of limitations determines how much time can pass before the filing of a lawsuit. The deadline to file most personal injury lawsuits is generally four years. Although this may seem like a lot of time, the defense can ask a judge to dismiss any claims filed after the deadline has passed—a request the judge will likely grant.
The concerns posed by things such as comparative negligence and the statute of limitations could have serious implications for the outcome of your lawsuit. Often, personal injury litigants feel they can benefit by consulting an experienced personal injury lawyer for their claims.
Contact a Personal Injury Lawyer in West Palm Beach
When the liable party can take advantage of multiple strategies to counter your claims in a personal injury suit, you need the benefit of an experienced lawyer in your corner. At The Law Offices of Casey D. Shomo, we have the experience you need to argue your case with confidence.