If you’re going to pursue a personal injury claim for the damages that you suffered in a car accident, then you have to make sure that you have the strongest claim possible under the circumstances. While this certainly means gathering evidence to demonstrate that the other party was at fault for your accident, you’ll also have to be prepared to anticipate the other side’s defenses. So, let’s look at some of the defenses that they may raise in your case.
- Comparative negligence: One of the most commonly utilized defenses is comparative negligence. Here, the defense claims that you were partially, or perhaps even completely, at fault for the accident. Since your recovery can be reduced by the percentage of fault allocated to you, you could see the amount of compensation awarded to you significantly reduced or completely barred.
- Third-party liability: A defendant in a car accident case might also claim that a third-party was to blame for the accident. While this won’t necessarily bar you from recovering the compensation you’re owed, it highlights the importance of ensuring that you include everyone you need to in your lawsuit.
- Road and weather conditions: Sometimes a defendant will argue that no one is to blame for the accident, but that it was instead the result of road or weather conditions. Be prepared to counter this argument.
- Challenging damages: Regardless of how a defendant tries to defend against liability, it’s also going to challenge the extent of your damages. The defense may have its own expert witness to testify about your injuries and losses, so be prepared for that.
Build the strong claim that you deserve
To succeed on your personal injury case, you need strong legal arguments. You also have to be prepared to counter the various defenses that may be raised. To successfully do so, though, you have to know how these defenses are usually raised and what you can do to counter them. Perhaps then you can achieve the outcome you desire so that you can move forward with a successful recovery and with financial stability.