The realities you have to face after a serious car accident can feel completely overwhelming, but there’s a glimmer of hope when you pursue a personal injury lawsuit against the driver responsible for your accident. If you’re successful on your claim, then you not only secure accountability and a sense of justice, but you can also recover much needed compensation to offset your damages.
But even if the evidence in your case seems clear, there’s a good chance that you’re going to go up against aggressive defense arguments aimed at either reducing or completely eliminating your compensatory recovery. So, as you proceed with the development of your personal injury case, you need to be cognizant of some of the common defense that are used in these cases. That way you can better anticipate the defense’s arguments and craft a holistic legal strategy that protects your interests. Let’s look at some of those defenses that you might have to fight back against.
Defense arguments you may see in your personal injury case
When raising a defense in a personal injury case, the other party is either going to try to justify their actions or shift the blame to someone else. Therefore, as you build your case, be aware of the following potential defenses:
- Comparative negligence: Perhaps the most common defense strategy utilized in these cases, comparative negligence arguments seek to place at least some of the blame on the plaintiff. If successful in doing so, the plaintiff’s ultimate recovery will be reduced by the percentage of fault allocated to them. And if the defense can show that that the plaintiff was 50% or more at fault, the plaintiff will be denied compensatory recovery altogether. So, be aware of how your actions may have played a role in your accident and figure out a way to mitigate them.
- Sudden emergency: If the defense can show that an unexpected emergency arose and they acted reasonably under the circumstances, then they may escape a significant portion of, if not all, liability. If this argument is raised in your case, be sure to scrutinize the reasonableness of the defendant’s actions, and really assess whether the circumstances truly constituted an emergency.
- Third-party liability: The defendant will also probably try to shift the blame onto other drivers if your accident involved multiple vehicles. Be sure to include all liable individuals in your claim so that you don’t have to waste time dragging them into the case later on.
- Pre-existing conditions: Even if you successfully impose liability, you’ll still have to prove your damages if you want to recover compensation. In this portion of your case, though, the defense might try to argue that much of your harm is attributable to a pre-existing condition. You need to try to beat back those assertions. If you can’t, then consider whether the accident exacerbated your pre-existing condition, as this could still lead to the recovery of compensation.
A lot of car accident victims make the mistake of thinking that their personal injury case will be easy to prove. The truth of the matter is that these cases are often complicated by evidentiary issues that can jeopardize your ultimate recovery. So, be sure to anticipate the defense’s arguments, gather compelling evidence that supports your claim and aggressively advocate for the outcome you deserve. Hopefully then you’ll secure favorable resolution in your case that positions you for the recovery you deserve.