Personal injury attorneys play a crucial role in advocating for individuals who have suffered harm due to the negligence or misconduct of others. They represent clients against insurance companies that often employ various defenses to limit their liability and decrease the amount they have to pay out. Understanding these common defenses can significantly assist victims in preparing their cases and ensuring fair compensation.
One of the most commonly used defense tactics by insurance companies is comparative or contributory negligence. This strategy involves arguing that the victim shares some responsibility for their injuries, thereby reducing the amount of damages they can claim. For instance, if an individual was injured in a car accident but wasn’t wearing a seatbelt at the time, an insurer might argue that this contributed to their injuries, thus limiting what they may recover.
Another prevalent defense employed by insurers is pre-existing conditions. Insurance companies often scrutinize medical records in search of any health issues that existed before the incident occurred. If such conditions are found, they could argue that these were responsible for or exacerbated your injuries rather than the incident itself.
Assumption of risk is another common defense where insurers assert that victims knowingly engaged in risky behavior and therefore assumed potential risks associated with it. For instance, if someone gets injured while participating in extreme sports like skydiving or bungee jumping, insurance companies might argue this point to reduce or deny compensation.
A fourth common defense tactic used by insurance firms is claiming expired statute limitations. Each state has specific deadlines within which personal injury claims must be filed called statutes of limitations. If a claimant fails to file within this timeframe, insurers will use this as grounds to dismiss claims altogether.
Lastly, some insurance companies may resort to disputing causation – challenging whether their policyholder’s actions directly caused your injuries – especially when multiple factors could have contributed.
Navigating these defenses can be complex and overwhelming for those unfamiliar with legal intricacies and jargon involved in personal injury cases. Therefore engaging experienced personal injury attorneys is advisable. They understand the strategies insurance companies use to deny or reduce claims and know how to counter them effectively.
An experienced personal injury attorney can help gather and present evidence, negotiate with insurance adjusters, and if necessary, represent you in court. They ensure your rights are protected while fighting for fair compensation for medical expenses, lost wages, pain and suffering, among other damages.
In conclusion, understanding common defenses used by insurance companies in personal injury cases is crucial when seeking compensation. With a seasoned personal injury attorney on your side, you can navigate these defenses effectively and increase your chances of securing just recompense for your injuries.
Munley Law Personal Injury Attorneys
197 N Cedar St, Hazleton, PA 18201
15705369498