Know the Negligent Parties Defenses Against Personal Injury Claims

If you are involved in any type of personal injury accident, you should know that you have a right to claim damages against the negligent party...

Credit: alexskopje / iStock by Getty Images Category: Personal Injury Law

If you are involved in any type of personal injury accident, you should know that you have a right to claim damages against the negligent party. However, actually obtaining claim against them are harder than it sounds.

WHAT PERSONAL INJURY ACCIDENTS YOU CAN BE INVOLVED IN?

In California, the general categories of personal injury accidents are as follows:

  • Traffic Accidents relating to car accident, bicycle accident, motorcycle accident, pedestrian accident, bus accident, truck accident or train accident;
  • Premise Liability Accidents which refer to slip and fall accident, trip and fall accident, dog bite, elevator accident, escalator accident, swimming pool accident, explosion, and fire accident, personal injury or construction accident; and
  • Other Negligence Accidents like boating accidents, animal attacks or aviation accidents.

PARTIES TO A PERSONAL INJURY ACCIDENT

You may think that there are only two parties to a personal injury accident you and the party at fault. You will be surprised at what really happens during the claims process. The party at fault is the least of your problems. The latter is protected by an insurance company that employs insurance adjusters who are trained in denying claims. Also, the other party and the insurance company may hire lawyers to protect them from liability especially if the accident is dangerous and the claims are in the hundreds of thousands or even millions.

WHAT TYPES OF CLAIMS CAN YOU ASK FOR?

The value of your claims rests on the types and amounts of each of your claims. Usually, a personal injury demand contains the following prayers for damages:

  • Property damage,
  • Actual medical costs,
  • Future medical care,
  • Lost earnings, and
  • Pain and suffering and other losses.

In case of a loss of love one or wrongful death, you can add to your claims the following damages:

  • Loss of life’s earnings,
  • Loss of enjoyment of life,
  • Loss of consortium,
  • Loss of love and support,
  • Funeral and Burial expenses and
  • Punitive damages

DEFENSES COMMON USED BY THE NEGLIGENT PARTY TO MINIMIZE LIABILITY

The negligent party will definitely not take your claims sitting down. They will provide theories or defenses to escape liability or at least minimize fault, to include:

  • No-Fault Theory that you are at fault and not the other party.
  • heory of Contributory Negligence that you also violated traffic rules resulting in the happening of the accident.
  • Theory of Failure to Mitigate Losses that due to subsequent circumstances you made your situation worse, i.e., not getting treated immediately, driving your vehicle although it needs immediate repairs.

SEEK LEGAL ADVICE FROM EXPERT PERSONAL INJURY LAWYERS

Seeking compensation for damages against the party at fault is very difficult. The other party will do everything to save on costs and not to be penalized with increased premiums. Therefore, it is in your best interest to make sure that you hire a top personal injury lawyer to protect you from diminished claims. Seek help from Mesriani Law Group to make sure that you get the best compensation you deserve regardless of the other party’s defenses or alibis.


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