Common Defenses of Insurance Company Regarding Personal Injury Claim

Posted by Alan Finkel on December 29th, 2023

The most expected thing is defendant’s defense if you file a personal injury claim. And the defendant will most probably hire a lawyer who is frequently provided by their insurance company in regards to defend them. You can prepare for every possible defense. You can strategize ahead of time and minimize the defendant's ability to disclaim culpability.

The insurer will provide the legal representation if one or two defendants have insurance policy. The plans of insurance policy compel the insurance provider to defend the insured against liability claims. It’s the duty of insurance company to protect its policyholder.

5 Common Personal Injury Defenses

Negligence in Comparative Terms

Among 11 states the New York is one that employs pure comparative negligence, which might lessen the amount of your final settlement. Like, according to the court law you were 10% to blame for the accident, you will only receive 90% of the total award. Given the state's legal system, the defendant will argue that the plaintiff was partially or fully at blame in order to lower their liability.

Limitation of Liability

The statute of limitation is the most common example if a defendant may attempt to assert a procedural defense. The statute of limitations is a legal deadline by which a plaintiff must file his or her claim or lose the ability to seek compensation for the rest of their life. This deadline in New York is 3 years from the date of most accidents. If you miss your deadline, the defendant can use it against you to have your case dismissed by the courts. The courts will allow this request with only a few exceptions.

Risk Assumption

In rare circumstances, defendants may contend that the plaintiff engaged in a harmful action with knowledge of the risks. Assume you were injured while playing football. Football is a high-contact sport; therefore, most players are aware of the possibility of injury. If the defense establishes this in court, you could lose your case.

Pre-Existing Injuries

One more thing the defendant may argue that the injuries you allege in your complaint existed prior to the accident. So, when you file a personal injury claim, you can only seek compensation for the harm caused by the defendant's negligence & you cannot be paid for prior injuries. The defendant may argue that you had pre-existing injuries in order to lower their liability or win the litigation entirely.

Waivers of Liability

Before engaging in certain situations, you may be required to sign a voluntary liability waiver. Because this document can minimize the defendant's liability, they may use it as a defense against your lawsuit.

How Our Skilled Lawyers Can Assist You

These standard defensive methods can be difficult to use, especially if they have a solid case against you. However, with appropriate legal assistance, you have a considerably better chance of overcoming these difficulties. These defense methods are well understood by our personal injury lawyers in South Carolina. We will assist you in effectively combating them and obtaining the rewards you deserve. If you have any questions or would like to schedule a free consultation, please call us or email us online.