Common Defenses to Personal Injury Lawsuits in California
After an accident, defendants may use all kinds of strategies to avoid paying you compensation in a California personal injury lawsuit. While these defense strategies can be frustrating to even think about, you may find it easier to succeed after becoming aware of them. How will insurance companies attempt to shift the blame onto your shoulders? How will they cast doubt upon the legitimacy of your injuries? How will they try to avoid paying you a fair settlement amount?
These are questions that Milligan, Beswick, Levine & Knox, LLP can help answer. This established personal injury law firm in the Inland Empire has spent decades helping victims – and our track record of client testimonials speaks for itself. This firm is home to experienced personal injury lawyers in Redlands such as C. Patrick Milligan, who has five decades of legal experience. Over the years, our personal injury attorneys have seen all kinds of defense strategies – and we have learned how to overcome them.
Stalling Tactics
The most common defense tactic is also the most frustrating. Insurance companies know that injured plaintiffs are often desperate to recover the compensation they need to cover medical bills, missed wages, and other damages. As a result, they may attempt to stall for as long as possible – making plaintiffs increasingly desperate to settle for a lower sum. Fortunately, this strategy risks punitive action from civil courts – and defendants can only stall for so long.
Questioning the Legitimacy of Your Injuries
Defendants and their insurers also tend to question the legitimacy of your injuries. If they can prove that your injuries are less severe than you claim, they may escape serious financial consequences. As a result, there is a financial incentive to closely examine your medical records for any potential issue.
Perhaps one of the most common strategies is to claim that your injuries are pre-existing. If they can prove that you were suffering from the same injury prior to your accident, they may be able to avoid paying you much compensation. However, it is important to realize that pre-existing injuries may still lead to compensation if they are worsened or exacerbated by an accident.
Above all else, injured plaintiffs must seek medical treatment as soon as possible after their accidents. If you fail to see a doctor within a certain amount of time, defendants may argue that your injuries cannot have been very serious. If you suffered a permanent disability, then why did you wait three days before seeing a doctor? These are the kinds of questions a defendant might ask. If you fail to seek any medical treatment whatsoever, it is virtually impossible to pursue compensation. Remember, your medical records represent vital evidence in a personal injury case.
Comparative Negligence
Another common defense strategy involves something called “comparative negligence.” Under this doctrine, California courts recognize that accident victims may be partially responsible for their own injuries. Even if you contributed to your own injuries, you may still pursue compensation thanks to California’s “pure” comparative negligence system.
However, defendants are free to argue that you were the primary cause of the accident. In California, your level of fault directly affects your compensation. If you were 50% responsible for the accident, your compensation is reduced by 50%. If you were 25% responsible, your compensation is reduced by 25% – and so on.
As such, there is a financial incentive for defendants and insurers to push your fault level as high as possible. They may attempt to do this with various evidence, including police reports, video surveillance, eyewitness accounts, and more. Your personal injury lawyer can push back against these arguments – presenting different evidence that pushes your fault level to the lowest possible level. Experienced personal injury lawyers may be able to prove that you were 0% responsible for your accident – thereby maximizing your settlement amount.
In a more general sense, defendants and their lawyers may attack your evidence for various reasons. They may attempt to have certain evidence thrown out of court due to technicalities. Your lawyer can push back, ensuring that your evidence plays a vital role in your case.
The Statute of Limitations
Another potential challenge is the statute of limitations, which is a “time limit” on personal injury claims. If this time limit expires, you lose the right to sue in California. This is yet another reason to take legal action as quickly as possible after your accident. Once you get in touch with a lawyer, you can file your lawsuit and avoid any potential issues with the statute of limitations.
That being said, it may still be possible to sue even years after your accident. For example, you might have fallen into a coma after your car accident. If you wake up decades later, you could still sue because you were incapacitated after the crash. You only became “aware” of your own injuries after regaining consciousness, and so the statute of limitations only applies from the moment you wake up. The same logic applies to delayed diagnoses, toxic exposure, amnesia, and other issues.
Lowball Settlement Offers
A common tactic is to offer you a lowball settlement. Remember, insurance companies are primarily concerned with maximizing profits. If they can get away with offering you a settlement that is much lower than you deserve, they will attempt it. Fortunately, an experienced personal injury lawyer can steer you away from these low settlement offers and negotiate for a more appropriate sum on your behalf.
Contact an Established Personal Injury Law Firm in the Inland Empire
Although there are many defense strategies to consider when filing a lawsuit in California, each claim is different – and you may face unique defenses based on your own specific circumstances. Because of this, online research may fail to provide the same targeted guidance as experienced personal injury lawyers. During your first consultation with Milligan, Beswick, Levine & Knox, LLP, you can discuss your unique case and prepare for potential defenses on the road to compensation. Book a consultation with our experienced personal injury attorneys today by calling 909-894-0812.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.