5 Common Ways to Fight a Claim for Personal Injury

Fighting a claim for personal injury can be rather tiring and more difficult than in other cases. Most people suffering from personal injuries don’t know what the defendants will use against them. If you don’t know how to fight a claim for personal injury, the chances are that your case will be thrown out of court even before you know it. Because the lawyers from the opposite site would use everything possible to make sure the case doesn’t proceed.

Personal Injury Court Hearing Doc

Insurance companies and other parties often use a concrete defense when it comes to high-value settlements. In these situations, you should consider hiring a good Kansas City Personal Injury Lawyer who can fight a claim for personal injury in your best interest.

Personal injury lawsuits don’t usually last for years. A good number of them actually settle out of court, and even some are settled within days, weeks or a few months. When fighting back against a claim, insurance companies incorporate these five tactics.

1: Unwilling Misconduct

Most of the time, a person who is sued for personal injury will use the defense of “contributory negligence.” The defendants say that the plaintiff will have to take some of the blame for what happened. In this case, the plaintiff has to take full responsibility for their own injuries.

For example, a plaintiff could have been hurt in a car accident. When the defendant hit the back of the car from behind, the plaintiff was not wearing a seatbelt.

Some of the injuries might not have happened if the plaintiff had been wearing a seatbelt. Therefore, the defense would say that the plaintiff did not prevent the injuries because the plaintiff was not wearing a seatbelt.

When a person on foot or on a bike and a car collide, the District of Columbia uses comparative negligence. This means that if a plaintiff is found to be partially to blame for his or her accident, the plaintiff can’t sue the defendant.

2: Added Risks

Defendants will try to say that a plaintiff doesn’t have a right to damages if he or she takes all or part of the risk of an obviously harmful action. This means that the defendants will stress that they did the accident on purpose and were aware of the added risks.

They might try to pin it on you that you did the whole thing on purpose, for financial compensation. Here an experienced personal injury lawyer can rightly handle the situation to handle the offender and maximize the chances of successful settlement for the victim.

3: The victim had been hurt in the past

The insurance company and your defense lawyer may try to use a previous injury or accident against you. In other words, they can say that you’re only trying to get paid for injuries that happened in the past and not for what happened right now.

Your personal injury lawyer can protect you from these unfair charges by showing that the new injuries are not related to the old ones or that the old ones got worse.

4: Giving up legal responsibility

If you sign a release of responsibility form, you might not be able to seek financial compensation in the future. But, on the other hand, these releases of liability do not stop someone from suing in the future.

The defendant may not be able to get out of taking responsibility if he or she was careless or did it on purpose.

5: The Limitation Period

The statute of limitations is a rule that tells you how long you have to file a lawsuit. It is impossible to register a claim or seek compensation after exceeding this limit.

In the majority of jurisdictions, civil claims have a typical two-year time restriction to be filed.

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Always remember, justice delayed is justice denied. So, if you or anyone from your family has suffered a personal injury, then you must contact a personal injury lawyer near you today. You can also schedule a free consultation call with a personal injury law expert today at (816) 793-8867.

Final Takeaway

Personal injury claims take time, and the whole process is tiring and difficult for the plaintiff. Insurance companies and defense lawyers are always keen on blaming the victims for saving themselves from providing fair compensation or financial aid to the affected.

That is why they use the reasons mentioned above to ensure that your claims are denied in their entirety. But keep in mind that this makes life harder for the victim, as personal injuries mean you could be out of work for a few days, and you might need financial assistance so that you don’t go bankrupt. So, it’s vital to hire an experienced Kansas City Personal Injury Lawyer because the quicker you get a personal injury lawyer by your side, the better it will be for you.

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