In a lawsuit or insurance claim following a car accident, be prepared to have one or more of these defenses raised by the other driver's insurance company.
On either side of a car accident injury case, whether you're the one making a claim or you find yourself accused of causing an accident, it's a good idea to familiarize yourself with the defenses presented in such cases.
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The most common legal defenses in car accident injury cases relate to statute of limitations filing deadlines. Defenses of fact depend on the specific circumstances of the underlying accident and can include contributory or relative negligence, as well as failure to mitigate damages.
- Legal or procedural defenses can bar claims based on existing law or legal rules, such as failure to comply with a statute of limitations, or failure to adequately state a legal claim.
- Defenses of fact include arguments that the injured were wholly or partially responsible for the accident itself, or that they failed to act reasonably in the days and weeks that followed.
Note that even if a personal injury lawsuit is not filed and the case moves through the auto insurance claims process, the concepts below will still come into play when the parties negotiate a settlement.
Car Accident Defense: Statute of Limitations
A statute of limitations is a law that sets a time limit for the right to file a civil suit. The length of the statute of limitations period varies by case type and jurisdiction. There is no "standard" statute of limitations period, although the most common period when a lawsuit is filed after a car accident is two to three years.
A statute of limitations defense is a legal defense that means that, regardless of the facts of the case, if a lawsuit is not filed in a timely manner, the statute of limitations is void. While there are some exceptions to the statute of limitations period—usually when there is a question of when a particular injury was discovered, or when the injured person is a minor or legally incapacitated in some way—the general rule Yes, if the case is brought too late, the court will not hear it.
For example, if you were injured in a car accident in Illinois on January 1, 2022, you have until December 31, 2023 to file a lawsuit for your injuries in the state court system. (The statute of limitations expires two years from the date of the injury in Illinois.)
Other Procedural Defenses in Car Accident Litigation
In addition to complying with the statute of limitations, there are a number of other procedural defenses that a defendant in a car accident lawsuit may attempt to raise, including a car accident plaintiff's pleading (the document that starts the lawsuit and sets out the charges), which, on its face, fails to make a valid claim.
This could mean that the plaintiff (or the plaintiff's attorney) simply forgot to check a certain box on the preprinted complaint form. Or it could mean that a complaint was drafted that failed to adequately address different elements of the concept of negligence, such as negligence, that determine liability in most car accident cases.
Car Accident Liability or "Negligence" Defense
The most common defense of fact for auto accident injury claims involves fault (unless the accident occurred in a no-fault state). People accused of causing a car accident will usually limit their liability for damages by proving that the plaintiff was in fact responsible for all or part of the car accident. When it comes to contributory fault in an accident, states typically follow some version of one of two personal injury law rules: contributory or relative fault.
Comparative negligence is the factual defense to liability in personal injury cases. In states with some version of the comparative fault rule, each party in the accident is assigned a percentage of fault based on the facts of the case.
In a "pure" state of comparative negligence, the victim can sue and recover damages against anyone else who may have caused the accident, regardless of the victim's own share of fault.
In "modified" comparative fault states, if an injured claimant is 50 percent or more (or in some states more than 50 percent) at fault, he or she is barred from recovering damages from any other at-fault party. In either system, a plaintiff's total recoverable damages would be reduced by a percentage equal to his or her share of fault. So, if you sue for injuries caused by a car accident and it is determined that you were 20% responsible for the car accident, the defendant only needs to pay 80% of your total damages.
joint negligence
Contributory negligence can be a serious factual defense in personal injury cases. In the few states that follow this rule, any party that contributed in any way to the event that caused the injury is barred from receiving compensation from the other party.
failure to mitigate damage
Finally, in most jurisdictions, the injured party has a duty to mitigate its losses. In plain English, if you are injured in a car accident, you have a legal obligation not to aggravate your injury. If you do so, the amount of compensation you may receive may be reduced.
Auto accident plaintiffs have been known to exaggerate their injuries, fail to follow medical orders, or engage in activities that could (or actually) worsen their injuries. Be aware of this potential defense:
- If you experience even the slightest pain or discomfort after a car accident, seek medical attention immediately.
- If you are injured, follow your doctor's instructions, especially regarding keeping all appointments.
- If you file a lawsuit, don't rush into recovery or rehabilitation.
Learn more about how the nature and extent of your injury can affect the value of your case and why the type of medical treatment you receive matters.
Seeking help after a car accident
Especially if your injuries are serious, or the other party is battling key issues such as fault, having legal professionals on your side can make all the difference in a car accident claim. You can use the tools on this page now to connect with a car accident attorney in your area and learn more about when it's time to hire a car accident attorney.
Source: www.alllaw.com
