Car Accident Defenses the Liable Party Could Use

Click below to share this on social media

Gearing up to go up against the person or persons who are responsible for causing your car accident injuries in Lakeland, Florida, is only half the battle. The liable party is sure to do everything they can to minimize the amount of compensation they may be ordered to pay you if they are found liable in a Florida court of law. 

With that in mind, it is important that you prepare for the possible defenses they may use. Below, we go into further detail about some of the most common car accident defenses liable parties will use to attempt to escape culpability. 

Contributory Negligence

The liable party is likely to argue that you played a part in the cause of the accident. Whether this is true or not, they will often argue this in order to reduce the amount of compensation they are ultimately required to pay you. 

Florida is a pure comparative fault state, which means that if you are partially responsible for causing the accident, you can still be awarded compensation, but your award will be reduced in proportion to the percentage of fault you carry. 

For example, if you are found to be twenty percent liable for the cause of the accident, you could expect your final award to be reduced by 20 percent. That’s 20 percent less that the liable party will have to pay you. 

The Statute of Limitations

The state of Florida only allows injury victims a maximum of four years after the date of the accident in order to get their claim filed. If you fail to file your civil claim in court before the statute of limitations expires, the liable party will have an opportunity to file a motion to dismiss your case. 

Then, the judge will have little choice but to grant their motion. Fortunately, when you get a qualified car accident lawyer working for you as soon as possible, you won’t have to worry that your lawsuit does not get filed in time.

Lack of Injuries

It is more common than you might think for the alleged liable party to argue that the injury victim is either exaggerating the extent of their injuries or doesn’t have injuries at all. While it is important to ensure that every single loss is taken into consideration when calculating the value of your claim, it’s also important to not embellish the current and expected impact that your injuries could have on your life. 

In order to make sure that the liable party cannot attempt to use this defense against you, you should always be sure to seek medical attention immediately after an accident. Not only will this benefit your case, but you may have injuries that are not readily seen, such as internal bleeding or a concussion. 

By getting medical attention immediately, the liable party has no opportunity to argue that your injuries were sustained after the accident occurred or that they’re less severe than you’re claiming. 

Contact a Personal Injury Lawyer in Lakeland

When you are ready to get started on your case but aren’t sure where to turn, reach out to a qualified Lakeland car accident lawyer at Lopez & Humphries, PA. You can schedule your free, no-obligation consultation by giving our office a call at 863-709-8500 or completing the quick contact form we have included below.