In a lawsuit or insurance claim after a car accident, be prepared for the other driver’s insurance company to raise one or more of these defenses.
On either side of a car accident injury lawsuit, whether you ‘re the one bringing a claim, or you find yourself accused of causing the accident, it ‘s a good mind to familiarize yourself with defenses raised in these kinds of cases .
The most common legal defense to a car accident injury case relates to the legislative act of limitations lawsuit-filing deadline. factual defenses depend on the specifics of the underlie accident, and can include conducive or comparative negligence, and bankruptcy to mitigate damages .
- Legal or procedural defenses can prohibit a claim based on an existing law or legal rule, like failure to comply with the statute of limitations, or failure to adequately state a legal claim.
- Factual defenses include arguments that the injured person is wholly or partially to blame for the crash itself, or that they failed to act reasonably in the days and weeks afterward.
eminence that even when no personal injury lawsuit is filed and the case is handled through the car insurance claim serve, the stick to concepts however come into act when the two sides are negotiating a settlement.
Car Accident Defenses: The Statute of Limitations
A codified of limitations is a law that sets a time limit on the properly to file a civil lawsuit. The duration of the codified of limitations period varies by the type of case and the legal power. There is no “ standard ” legislative act of limitations deadline, although periods of two to three years are the most park when you ‘re filing a lawsuit after a car accident .
A legislative act of limitations defense is a legal defense, meaning that regardless of the facts surrounding the case, if the suit was n’t filed in a timely manner, it will be time-barred. While there are some exceptions to the legislative act of limitations deadline—usually when there ‘s a question of when a particular wound was discovered, or when the hurt person is a minor or is somehow legally incapacitated—the general rule is that if a case is filed besides belated, it wo n’t be heard by the motor hotel .
For case, if you are injured in a car accident on January 1, 2022 in Illinois, you have until December 31, 2023 to file a lawsuit over your injuries in the submit ‘s woo system. ( The legislative act of limitations expires two years from the date of the injury in Illinois. )
Other Procedural Defenses to a Car Accident Lawsuit
Besides conformity with the legislative act of limitations, the defendant in a car accident lawsuit might try to raise a count of early procedural defenses, including that the car accident plaintiff ‘s complaint ( the document that starts the lawsuit and lays out the allegations ), on its face, fails to state a valid claim .
This can mean the plaintiff ( or the plaintiff ‘s lawyer ) just forgot to check a certain box on a pre-printed complaint shape. Or it can mean that a draft complaint failed to adequately spell out the unlike elements of a demerit concept like negligence, which determines liability in most car accident cases .
Car Accident Liability or “Fault” Defenses
The most common actual defenses to a car accident injury claim involve demerit ( unless the accident occurred in a no-fault country ). The person being accused of causing the car accident will frequently seek to limit their liability for damages by showing that the claimant was actually at fault for the crash, either in whole or in function. States typically follow some version of one of two personal injury law rules when it comes to shared demerit for an accident : conducive negligence or relative negligence.
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comparative negligence is a factual defense to indebtedness in a personal injury font. In states that have adopted some version of a comparative negligence rule, each party involved in an accident is assigned a percentage of fault based upon the facts of the case .
In “pure” comparative negligence states, an hurt person can bring a lawsuit and recover damages against anyone else who might have caused the accident, regardless of the hurt person ‘s own share of demerit .
In “modified” comparative negligence states, if the injured claimant was 50 percentage or more ( or more than 50 percentage in some states ) at fault, he or she is barred from recovering damages from any other at-fault party. In either system, the sum amount of the plaintiff ‘s recoverable damages will be reduced by a percentage that ‘s adequate to his or her shared of fault. therefore if you brought a lawsuit over injuries resulting from a cable car accident, and you were determined to be 20 percentage at demerit for the crash, the defendant would lone be required to pay out 80 percentage of your full damages .
conducive negligence can be a cripple actual refutation to a personal injury case. In the handful of states that follow this dominion, any party that contributed in any fashion to the incident that caused the injury is barred from getting compensation from other parties .
Failure to Mitigate Damages
ultimately, in most jurisdictions, an injured party has a duty to mitigate his or her damages. In plain English, if you are injured in a car accident, you have a legal duty not to make your injuries worse. If you do, the sum of compensation you might receive could be reduced.
car accident plaintiffs have been known to exaggerate injuries, fail to follow doctors ‘ orders, or engage in activities that could ( or actually do ) worsen their injuries. Be mindful of this likely defense mechanism :
- Get immediate medical attention if you feel even the slightest hint of pain or discomfort after a car accident.
- Follow doctor’s orders if you are injured, especially when it comes to keeping all appointments.
- Don’t rush your recovery or rehabilitation if you have filed a lawsuit.
Learn more about how the nature and extent of your injuries affects the value of your shell, and why the character of aesculapian treatment you receive matters .
Getting Help After a Car Accident
particularly if your injuries are good, or the other side is digging in for a fight over a key issue like mistake, having a legal professional on your slope can make all the difference in a car accident claim. You can use the tools on this page to connect with a cable car accident lawyer in your area now, and learn more about when it ‘s time to hire a car accident lawyer .