In most accident & injury cases, the issue of fault hinges on a legal concept known as “negligence,” and more precisely, on the four key elements of a negligence claim: duty of care, breach of duty, causation, and damages. Keep in mind that, when you negotiate your claim for insurance compensation, you probably won’t be using these legal concepts to discuss your accident, and you may not need to prove fault at all. The cause of your accident may well be obvious, and the only question may be how much compensation is appropriate. Even if one of these issues does arise in your case, chances are you won’t be hearing or using these legal terms. Instead, you and the insurance adjuster will almost certainly negotiate using general language about whose fault the accident was and how much your claim is worth.Personal injury cases can sometimes be challenging to negotiate. You might have wrongfully suffered an injury and damage, want to exercise your right, consulted an attorney, and have presented viable evidence. Still, the other party could be trying to avoid negotiations and compensation.
Defense strategies by the defendant are often directed towards reducing the compensation amount or perhaps dismissing the lawsuit.
Insurance defendants might also use these strategies to reduce their liabilities. Some personal injury cases can be settled out of court. Still, if yours includes an insurance company, they can adopt some of the top five defense strategies against personal injury claims. These strategies are used to negate the plaintiff’s claim and or limit the liability of the allegations.
There are diverse aspects of defense strategy; the most prominent five of them have been examined below. If you feel that your case is more complicated, you may need to retain the services of injury lawyers.
- CONTRIBUTORY NEGLIGENCE
Contributory negligence is the most popular use by defendants against a personal injury claim. Contributory negligence is used to exhibit that a plaintiff has a part in the injury. It also claims that a plaintiff’s negligence contributed to the injury. Contributory negligence puts the plaintiff below the standard of protection.
For example, a victim of a motor crash driving on the wrong side of the road will be found guilty of contributory negligence when the defendant is arguing in court. Some states like Maryland, District of Columbia, and Virginia are in the jurisdiction of contributory negligence.
Therefore, within these jurisdictions, personal injury cases defended with contributory negligence lead to forfeiture of compensation and dismissal of the case. However, some states have a comparative fault system for cyclists and pedestrians.
- ASSUMPTION OF RISK
Under this, an injured person is claimed to have known the risk of the action but willfully partaken in it. A defendant can argue that the plaintiff has actual and subjective knowledge of the inherent danger in an activity. With an assumption of risk defense, a plaintiff cannot sue or seek compensation.
- RELEASE OF LIABILITY WAIVER
A liability waiver is a document that certifies that the signer cannot hold the defendant liable for an injury. A liability waiver warns people of the risk of any activity if the defendant presents such, you may forfeit any right to compensation.
However, the liability waiver may be rejected if the injury was caused by gross negligence and the defendant’s intention.
- PRE-EXISTING HEALTH CONDITIONS.
The defendant attorney and insurance might also use this strategy to calculate the level of compensation. It is to ascertain that the plaintiff was not in a state of flawless health before the injury. However, your attorney can defend your case by making distinctions between pre-existing medical conditions, stating the new injuries, or explaining how the accident worsened the existing health condition.
- STATUTE OF LIMITATIONS.
The statute of limitations sets a time restriction for documenting personal injury claims. These restrictions vary from states to states but are mostly between two years. Your claim is considered invalid if they exceed this period, and compensation is barred.
