There are a variety of defenses defendants or insurance companies may use to deny personal injury claims. It’s important to understand how these strategies can come up and ways to refute them.
Common Types of Defenses Used in a Personal Injury Case: Partial Fault
If the other party can put some of the blame on the injured victim, this could diminish the other party’s culpability. In some cases it could end up destroying the entire claim for the injured victim.
In Georgia, if an injured person is partly at fault for an accident, he or she can still recover damages as long as his/her degree of fault is 49 percent or less. (Damage awards are reduced by percentage of fault.) But once it reaches 50 percent or higher, the individual isn’t entitled to compensation.
Because of the potential to use this defense, it’s critical to collect enough evidence to show the other party was mostly or completely responsible.
Common Defenses Used in a Personal Injury Claim: Filed Late
Filing a claim late is another defense that could be used. In Georgia, the statute of limitations for personal injury claims is two years from the date of the incident, or when an injury becomes known (though there may be some exceptions). This could prevent an injured person from recovering damages if he or she files too late.
A defendant might argue that the statute of limitations has passed because the claimant or plaintiff should have known of the injury more than two years prior. This requires presenting evidence that detection prior to two years ago is not a reasonable expectation which may require medical evidence and testimony.
Common Defenses Used in a Personal Injury Claim: Damages Unproven
To be successful in a personal injury claim, the plaintiff must be able to establish damages. Without experiencing loss, there’s no ability to be compensated. Claimants can avoid this by establishing the financial losses—such as medical bills and lost income—along with the physical and emotional losses—such as permanent disability and mental anguish.
Get help from Jason R. Schultz if a defendant or insurance company is trying to deny your personal injury claim in Atlanta. Call (404) 474-0804 to set up a consultation, or fill out our contact form.