Defenses to a Car Accident Injury Claim in Bismarck

If you’ve been injured in a car accident caused by someone else’s negligence, you deserve compensation for your losses. However, navigating the legal system and building a strong claim can be complex. Insurance companies and their legal teams often employ various defenses to minimize payouts. That’s why it’s crucial to consult with a local car accident attorney who understands these tactics and can effectively counter them.

Comparative Negligence

One common defense is comparative negligence, which argues that you share some degree of fault in the accident. This argument hinges on state laws. Some states follow a “pure comparative negligence” rule, where your compensation is reduced by your percentage of fault. Others follow a “modified comparative negligence” rule, barring you from recovering anything if your fault exceeds a certain threshold, usually 50% or 51%. Insurance adjusters might try to exaggerate your role in the accident to reduce their liability. An experienced attorney will fight to demonstrate the other party’s primary responsibility and minimize any alleged negligence on your part.

Assumption of Risk

Another defense is assumption of risk, claiming that you knowingly and voluntarily accepted the inherent risks involved in the activity that led to your injury. For example, if you were injured while participating in a high-speed driving event, the defense might argue you assumed the risk of a crash. However, this defense is not always straightforward and has limitations. A skilled lawyer can challenge this defense by demonstrating that the specific circumstances leading to the accident were not risks you could have reasonably anticipated or accepted.

Lack of Causation

The defense may argue that the accident did not actually cause your injuries, or that a pre-existing condition is the true source of your pain and suffering. They might use your medical history, previous injuries, or the nature of the accident itself to support their claim. This is why it’s vital to seek immediate medical attention after an accident and follow your doctor’s recommendations for treatment. A lawyer can work with medical experts to establish a clear link between the accident and your injuries, refuting any attempts to downplay the connection.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for filing personal injury claims in your state. This legal time limit varies by jurisdiction and dictates the period within which you must file a lawsuit. Failing to meet this deadline could permanently bar you from pursuing compensation. A local attorney will know your state’s specific statute of limitations and ensure all necessary filings occur within the prescribed timeframe.

Building a Strong Case with Local Representation

Defending against these tactics requires legal expertise and a deep understanding of your state’s laws. A local car accident attorney will be familiar with the judges, courts, and opposing counsel in your area, offering valuable insights and strategic advantages. They will thoroughly investigate the accident, gather evidence, interview witnesses, consult with experts, and aggressively advocate for your rights.