When a car accident causes catastrophic injuries, there will be a lot of finger pointing. The wounded person will clearly want responsible parties to stand forward and compensate them for their losses, while the parties who are accused of causing the disaster will do everything they can to avoid accountability.
There are a variety of arguments that may be used to counter a personal injury claim, but the most typical ones include demonstrating that the injured person caused or contributed to their own harm. If you've been hurt in a car accident, a slip and fall, or another occurrence, you could face the following three defense arguments as you try to get the compensation you deserve.
If you are facing any of these arguments, contact The Law Offices of Larry H. Parker at 800-333-0000 to speak to a personal injury attorney who can help.
A contributory negligence argument might be used to show that the plaintiff was completely to blame for their own accident.
For instance, if a customer spilled their own Coke at a store and then slid in the puddle, the store would certainly not be held liable. Contributory negligence lawsuits, on the other hand, are sometimes far more nuanced, including existing problems on a property that were not created by the plaintiff but should have been detected and avoided by any reasonable person.
For example, if a person tripped on a wet floor at a store while gazing at their phone and failing to see the wet floor warning, any injuries sustained would be due to their own carelessness.
In instances when both the defendant and the plaintiff made mistakes that led to the accident, the defense may plead comparative negligence. This is frequently the case in vehicle accidents if both drivers were speeding, changing lanes without indicating, following too closely, or violating another traffic rule.
If you can't establish that you were driving recklessly or negligently, the attention will shift to proving that the other motorist was at fault. This manner, you can have a more advantageous responsibility split than 50-50, allowing you to collect a larger portion of your losses.
Failure to mitigate damages
Another point the defense could raise is that you permitted your injuries to worsen by failing to seek timely and adequate medical treatment. This is why it's critical to get medical help as soon as possible following an injury and to stick to any therapy or medicine prescribed by your doctor.
Even yet, some “late-appearing” injuries, such as whiplash, might take a long time to manifest. Your lawyer can assist you demonstrate that, under the circumstances, your response to your injuries was really acceptable.
Hire a proven attorney to assist you
If you have not gotten a satisfactory settlement offer, you should seek legal assistance from an experienced personal injury attorney like The Law Offices of Larry H. Parker. If you have a solid case for compensation, your lawyer can help you gather the facts you need to combat these and other defense claims as successfully as possible. Call us now at 800-333-0000 to get ready.