Defenses to a Car Accident Injury Claim in Lakeland

Navigating the aftermath of a car accident can be overwhelming, especially if you’re facing injury claims. It’s crucial to understand that insurance companies often employ various tactics to minimize payouts. In these situations, having a skilled local car accident attorney on your side can be invaluable. They can help you build a strong defense and protect your rights.

Understanding Common Defenses

Comparative Negligence: One of the most common defenses raised in car accident cases is comparative negligence. This defense argues that the injured party shares some degree of responsibility for the accident. For instance, if you were deemed to be 20% at fault for an accident, your compensation could be reduced by 20%. A skilled attorney can challenge the degree of fault assigned to you, maximizing your potential recovery.

Assumption of Risk: This defense hinges on the argument that the injured party knowingly and voluntarily assumed the risks associated with the activity that led to the accident. For example, this defense might be used in cases involving passengers injured during a car race. Attorneys well-versed in car accident law can argue against the applicability of this defense in your specific situation.

Lack of Causation: Defense attorneys might claim that the injuries claimed by the plaintiff weren’t actually caused by the accident. They might argue that a pre-existing condition or a subsequent event was responsible for the injuries. A strong legal team will gather medical records, expert opinions, and other evidence to establish a clear link between the accident and your injuries.

Statute of Limitations: Every state has a statute of limitations for filing personal injury lawsuits, including those stemming from car accidents. Failing to file within this timeframe could bar you from pursuing compensation. A local attorney will be familiar with your state’s specific deadlines and ensure all necessary filings are submitted promptly.

Sudden Emergency Doctrine: This defense may be used when a driver is faced with an unexpected and unavoidable hazard on the road, leading to an accident. The success of this defense hinges on proving that the driver acted reasonably given the circumstances. Experienced attorneys can investigate the circumstances of the accident, including witness testimony and potential road hazards, to challenge this defense effectively.

Facing an injury claim after a car accident can be daunting. It’s crucial to remember that you don’t have to navigate this complex process alone. Reach out to experienced local car accident attorneys in Lakeland who can guide you through the legal intricacies, protect your rights, and work towards securing the best possible outcome for your situation.