Defenses Against Personal Injury Claims
Understand Factors that can Devalue Your Claim
If you have been injured in an accident for which another party was at fault, you have the right to seek compensation for the damages that have been done to you. Through a personal injury lawsuit, you can claim damages for which a defendant must cover, so that you are not burdened by financial hardships in addition to the physical pain you have been forced to endure.
Unfortunately, proving your claim may not always be easy, as a defendant will likely fight tooth and nail to reduce the amount of restitution he or she must pay you. Thus, it is essential that you have an injury lawyer on your side who understands the potential defensive strategies that you might face in order to build an aggressive case against them. At Bill Easterly & Associates, in Nashville, Tennessee, we have recovered millions of dollars on behalf of our clients, so you can trust that we know what it takes to win.
Possible Defenses Against an Injury Suit
It is well-known and historically supported that the best strategy in any battle is to know your opponent. This means that an attorney who can recognize the potential holes that a defendant might poke in your personal injury claim ultimately has the upper hand. By acknowledging potential defenses, we can help build a case that proactively protects against them.
Contact our team for the legal counsel that you need to seek justice for your injury!
Firstly, a defendant and his or her counsel will ensure that the technicalities of your claim are intact. This means that they will examine the claim itself to look for any inaccuracies or inconsistencies that potentially invalidate your argument. The most common discrepancy in the filing of an injury lawsuit is the failure to state a claim. This means that in your claim, one or more elements have not been established. Your claim must illustrate a clear case for causation and fully outline the scope of your injury.
Additional defenses against claims include:
- Failure to mitigate damages – Just as the defendant had a duty to avoid causing harm, you have a duty to take preventative measures against worsening your injury. This means taking necessary actions such as seeking immediate medical attention.
- Comparitive negligence – Your own actions leading up to the accident that caused your injury were negligent, meaning you contributed in part to your own injury. Proving this would reduce the amount of compensation the defendant owes you.
- Assumption of risk – In certain cases, such as sports injuries, a defendant may argue that by participating in the activity in which an accident occurred, you automatically assumed the risk of getting injured and willfully endangered yourself.
- Pre-existing conditions – The defendant will likely do his or her own homework in regard to your medical records. They will find any and all pre-existing conditions, injuries, or illnesses that occurred prior to the accident to undermine the scope of your injuries caused by the accident itself.
Additionally, a defendant and his or her lawyer will pay close attention to the time frames involved in the accident. If your claim is filed outside of the statute of limitation, a court will throw the case out and dismiss all demands for compensation. As the possible defenses against personal injury claims can be extremely effective, it is essential that you have a team of legal professionals on your side who can anticipate these strategies and build a solid case against them.
Let or Team Fight for You!
At Bill Easterly & Associates, we know what it takes to win. Our personal injury attorneys have the experience and effectiveness that you need to feel confident that your interests are protected. We operate on a contingency fee basis, which means that you don’t pay us attorney’s fees unless we are able to recover a settlement for your claim. As a result, you can trust our firm to work tirelessly and diligently on your behalf. Our dedication to success is your advantage in the courtroom.
Get started with a free consultation today! Give us a call or fill out an online form!