5 Common Defense Strategies Used In Personal Injury Cases
If you file a personal injury claim, you must understand that the defendant and their insurance company won’t accept your settlement demands without some resistance. In most cases, they will devise strategies to minimize what they need to pay out. Learning more about the most common ones can help you prepare everything you need to overcome their defense and maximize your compensation.
How Often Do Defendants Win Personal Injury Cases?
Most cases won’t reach the courtroom. But in the rare instance that it does go to trial, the chances of you winning are roughly 60 percent. While the odds are in your favor, the outcome may change based on your case’s details, primarily if you work with a lawyer. For example, product liability cases have a lower success rate than car accident claims. Other factors, such as the accident’s details, your evidence, and your lawyer’s experience, can affect it.
On the other hand, the defendants who win generally do so because they use key legal defense strategies that help them in court. When successful, they can minimize the damages they need to pay for or win the case outright. For this reason, you need to build a solid case to increase your chances of winning.
5 Defenses Used In Personal Injury Claims
Every case is different, and some defense strategies are used more often than others. Here are five of the most common ones you’ll find in a personal injury case:
The Statute Of Limitations
Remember that each state has a time limit to file your claim, known as the statute of limitations. For example, in New York, the statute of limitations for personal injury cases is generally three years from the day the accident happened. If you file your claim after the deadline passed, there is a high chance the defendant will use this argument against you and have your case dismissed.
Comparative Negligence
New York is one of 11 states that uses pure comparative negligence, which can reduce how much you’ll receive in your final settlement. For example, if the court finds you were 10% responsible for the accident, you’ll only receive 90% of the total payout. Given how the law works in the state, the defendant will argue that the plaintiff was partially or entirely at fault to reduce their liability.
Pre Existing Conditions
If you have a pre-existing injury, a defendant’s insurance company will see it as a chance to reduce their final payout. They may argue that your injuries were not the result of the accident but from your pre-existing conditions. For example, if you hurt your leg previously, the insurance company may argue that your leg pain was caused by your medical condition, not the accident..
Assumption Of Risk
In some cases, defendants may argue that the plaintiff knowingly took part in a dangerous activity and should have known about the consequences. For example, say you got hurt playing a football game. Football is a high-contact sport, so most people playing it know they risk getting injured. If the defense proves this in court, there’s a chance you may lose your case.
Liability Waivers
Before certain activities, you may need to sign a voluntary liability waiver before participating. This form can partially reduce the defendant’s liability, which is why they may use it as a defense against your claim.
How Our Experienced Attorneys Can Help
These common defense strategies can be challenging, especially when they have a strong case against you. But with suitable legal representation, you have a much higher chance of overcoming these obstacles. Our personal injury attorneys understand these defense strategies. We will help you counteract them effectively and get the benefits you deserve. Please call our offices at (866) 442-0513 or contact us online if you have any questions or want to schedule a free consultation today.