Five Defenses the Liable Party Could Use After Your Car Accident

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Car accident cases can require millions in payout, and as such, you can expect the insurance company to bring up defenses so that you give up or accept a lower settlement than you deserve. The liable party is also likely to have an attorney representing them, and so should you.

A car accident lawyer will know how to gather evidence and counter the other party’s defenses to ensure that your compensation is not affected. What are these defenses that the liable party could use after your car accident?

1. You Were Comparatively Negligent

The state of Florida follows comparative negligence laws. This means that if you were partially at fault for the accident, your compensation will be less your percentage of fault.

The liable party might argue that you were partially at fault for the crash so that they don’t pay the full amount. However, your car accident lawyer can collect evidence to attempt to show that the defendant was fully at fault.

2. The Accident Didn’t Cause Your Injuries

Another defense that the liable party could use is that their negligence did not cause your injuries. They might argue that the damage documented did not come from the accident or that you had a pre-existing condition that caused the injuries.

An attorney can easily access expert witnesses and can present their statements to show that your injuries resulted from the crash. Other documents, such as medical bills and a doctor’s report, will also come in handy when proving your bodily injuries to the insurance company.

3. You Were in a Position to Mitigate the Damages

A liable party might also argue that while their negligence caused your injuries and other losses, you were in a position to mitigate the damages but didn’t.

An example is when you fail to get checked by a doctor after a crash and the injuries become more severe. They might claim that medical evaluation could have prevented most of your damages and thus, you are partly to blame.

4. There Were Additional Liable Parties

Car accidents happen in a flash, and often there’s not enough time to see what happened. The liable party might take advantage of this to either argue that they are not at fault or that there were other negligent parties in the mix.

Defendants often bring forward this defense to avoid paying the full amount or bar the claim altogether. An investigation by an attorney can clear such confusion by showing how the defendants are at fault.

5. Your Injuries Are Exaggerated

It’s also common for a defendant in a car accident case to challenge the extent of your injuries from the crash. A liable party might argue that you exaggerated the injuries, which means that your claim is worth a lower amount.

Exaggeration is among the many forms of insurance fraud, and if their accusations stick, your claim might be thrown out. Seeking medical attention immediately after an accident will go a long way toward proving the full extent of your damages.

Contact a Car Accident Lawyer

After a car accident, the liable party might try to abscond their responsibility by bringing up defenses such as partially blaming you for the crash. The best way to prepare yourself for this is to have a car accident lawyer by your side with your best interests in mind.

Schedule a free consultation to discuss your case with a lawyer from Lopez & Humphries, PA, by calling (863) 774-3573 or filling out our contact form below.

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