If you’ve been injured due to someone else’s negligence, you
may file a personal injury claim to seek compensation.
However, insurance companies and at-fault parties often use
various legal defenses to reduce or deny your claim. Knowing how to counter
these defenses can significantly strengthen your case.
Let’s take a look at some common defenses used in personal
injury cases and how to fight them effectively.
1. Comparative Negligence
The defendant may argue that you were partially responsible
for your own injuries, reducing their liability.
How to Fight It:
- Gather strong evidence like surveillance footage, witness
statements, or accident reports to prove the defendant's primary fault.
- Consult a personal injury lawyer and work together to counter any exaggerated claims about
your role in the accident.
- If you do share some fault, emphasize that the defendant
still holds the majority of responsibility.
2. Pre-Existing Conditions
The opposing party may claim that your injuries were not
caused by the accident but were instead due to a pre-existing medical
condition.
How to Fight It:
- Provide medical records showing the difference between
your pre-existing condition and the injuries sustained from the accident.
- Obtain expert medical testimony with the help of your
lawyer to clarify how the accident aggravated or worsened your condition.
- Keep records of your medical visits and treatments after
the accident to establish a clear timeline of injury progression.
3. Assumption of Risk
This argument suggests that you knowingly participated in a
risky activity and, therefore, accepted the possibility of injury. This is
common in cases involving sports, adventure activities, or hazardous work
environments.
How to Fight It:
- Show that the risk you assumed did not include the
specific hazard that caused your injury.
- With expert legal assistance, demonstrate that the
defendant failed to provide proper warnings or safety measures.
- Argue that negligence, such as poorly maintained equipment
or unsafe conditions, contributed to your injury.
4. Lack of Causation
The defendant may claim that their actions did not directly
cause your injuries and that another factor was responsible instead.
How to Fight It:
- Use medical and expert testimony to establish a direct
link between the accident and your injuries.
- Provide incident reports, photos, or videos to support
your claim.
- Show consistent medical treatment for your injuries after
the accident to reinforce the connection.
5. Expired Statute of Limitations
If you wait too long to file your claim, the defendant may
argue that the statute of limitations has expired, making you ineligible for compensation.
How to Fight It:
- Always be aware of the time limits for filing personal
injury claims in your state. Your lawyer can guide you in this matter.
- If there were extenuating circumstances (such as delayed discovery
of injury), argue for an exception.
- File your claim as soon as possible to avoid this defense
altogether.
Final Thoughts
Insurance
companies and defendants will do everything they can to protect their financial
interests. If you’re dealing with a personal injury claim, don’t let these
legal tactics discourage you. Fight back with the right strategy, and ensure
that your rights are fully protected. Working with a personal injury lawyer can
significantly improve your chances of overcoming these common defenses and
getting the compensation you deserve.
