Given its extensive road networks and high traffic density, car accidents are common in Los Angeles. A victim may sustain a range of losses, from physical to financial.
A car accident settlement provides some respite in this grim situation. It gives the victim something to hold on to while they get back to their pre-accident life.
But insurance companies employ a range of tactics to avoid, or at the very least, reduce the amount of compensation they have to pay.
Preparing for the opposing party’s defense strategies is essential when filing a car accident claim. By understanding these strategies, you can better anticipate and counteract them, strengthening your case. Victims seeking justice should also reach out to experienced accident attorneys in Los Angeles to navigate the legal complexities.
Common Defense Strategies and How to Counter Them
Here are some of the most commonly used defense strategies by defendants in a car accident claim and how to overcome them:
Denial of Liability
One of the most straightforward strategies a defendant might use is to deny liability altogether. They may claim they were not at fault or that the accident was unavoidable. To counter this, it is essential to gather robust evidence such as police reports, eyewitness testimonies, and video footage demonstrating the defendant’s negligence.
Comparative Negligence
The defense may often argue that the plaintiff shares some blame for the accident. This is known as comparative negligence. In California, this can reduce the compensation awarded based on the plaintiff’s degree of fault.
To overcome this, your attorney must carefully examine the evidence and argue against any unfounded claims of shared responsibility. Highlighting inconsistencies in the defense’s argument can significantly weaken their stance.
Questioning the Severity of Injuries
Defendants often try to minimize the severity of the plaintiff’s injuries or argue that they were pre-existing conditions. Medical records and expert testimonies are crucial in countering this strategy. Ensure all of your medical records are complete and you have expert views attesting to the direct connection between the event and your injuries.
Statute of Limitations
The defense might argue that the claim was filed outside the allowable time frame, known as the statute of limitations. In California, personal injury cases have an average statute of limitations of two years from the accident date. Ensuring that your claim is filed promptly is vital to prevent this defense from being used successfully.
Intimidation and Lowball Offers
Defendants, primarily through their insurance companies, may use intimidation or offer low settlements to pressure you into accepting less compensation than you deserve. Staying resolute and relying on your legal counsel’s guidance can help you avoid these pitfalls.
Your lawyer can negotiate on your behalf to ensure that any settlement offer accurately represents your claim’s value.
Final Thoughts
Successfully overcoming the defense strategies in a car accident claim requires thorough preparation, strong evidence, and skilled legal representation. Understanding common defense tactics such as denial of liability and comparative negligence can help you better navigate the legal process. A knowledgeable accident attorney can counter these strategies effectively, ensuring a fair outcome for your case.
