The Most Common Defenses to Personal Injury Claims

When you suffer an injury due to someone else’s fault or negligence, then you may have the right to recover compensation. Being in this type of situation, may result in you hiring a personal injury attorney to help you with the case. However, what happens if the other party refuses to negotiate? What if they begin using a defense strategy to help reduce or even eliminate your claim all together?

If you are facing the potential of a high-value settlement, then it may result in the defendant or insurance company developing a defense strategy against the claim you have made. They do this in an effort to have the case dismissed or the settlement lowered significantly.

Personal Injury

In most cases, personal injury cases are not long and drawn out processes. The fact is, the majority will settle out of court. But, if your claim involves the other party fighting back, then they are likely going to use one of the following personal injury defense strategies.

Contributory Negligence as a Personal Injury Defense

The most common defense used in a personal injury case is contributory negligence. This is when the defendant is going to try and put some or all of the blame for the accident on the defendant.

Virginia, Maryland and DC are all contributory negligence jurisdictions. This means that if the plaintiff is found to have shared part of the fault in the accident, then they won’t be able to recover compensation from the defendant. However, in the District of Columbia, comparative fault is applied to a case that involves bicyclists or pedestrians.

The Assumption of Risk as a Personal Injury Defense

Another common defense is assumption of risk. If the plaintiff in the case assumes all of or part of the risk of an activity that is clearly dangerous, then the defendant may claim that the individual should have known about the injuries. As a result, they will state the plaintiff doesn’t deserve to recover damages.

Pre-Existing Injuries as a Personal Injury Defense

If you have ever been involved in an accident and suffered an injury before, then you may find that the insurance company and the defense lawyers will work hard to use it against the injured person. They may say that you are trying to file to receive compensation based on injuries you suffered in the past, rather than the current accident. In most cases, your personal injury lawyer will be able to defend you against these types of accusations, but showing the injuries are new and a result of the accident.

If you are the victim of a personal injury, the best thing you can do is hire a personal injury attorney. More information about these cases and why calling for legal representation is best can be found by contacting the attorneys at Hilton &Somer by calling 703-782-8349.

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