Defenses to a Car Accident Injury Claim in Bronx

If you’ve been injured in a car accident that wasn’t your fault, you might think receiving compensation is straightforward. Unfortunately, insurance companies often employ various defenses to minimize payouts, even when their policyholder is clearly liable. Understanding these common defense strategies is crucial for protecting your rights and securing the compensation you deserve. Partnering with a local car accident attorney experienced in navigating these legal complexities can make all the difference in the outcome of your case.

Comparative Fault: Apportioning Responsibility

One of the most frequently used defenses is comparative fault. In states that recognize comparative fault, the court assigns a percentage of blame to each party involved in an accident. Your compensation is then reduced by your percentage of fault, even if it’s relatively small. For example, if you’re found 20% at fault, your compensation will be reduced by 20%. Skilled car accident attorneys in Bronx understand the nuances of comparative fault laws and can effectively challenge attempts to assign excessive blame, protecting your right to fair compensation.

Exaggeration and Pre-Existing Conditions

Insurance companies might claim you’re exaggerating your injuries or that your pain and suffering stem from pre-existing conditions unrelated to the accident. They may scrutinize your medical history, point out gaps in treatment, or downplay the severity of your injuries to minimize their liability. Attorneys specializing in car accident cases are adept at countering these tactics. They work with medical experts to establish a clear link between the accident and your injuries, refuting attempts to discredit your claims.

Sudden Emergency Defense: Unforeseeable Circumstances

The sudden emergency defense argues that the at-fault driver was confronted with an unexpected and unavoidable situation that led to the accident. For instance, they might claim they swerved to avoid hitting an animal or that another vehicle’s actions forced them to take evasive action. While this defense can be valid in certain situations, experienced attorneys can investigate the circumstances thoroughly to determine if the driver’s actions were truly justified.

The Importance of Gathering Evidence

Building a strong case relies heavily on evidence. Photos and videos of the accident scene, witness testimonies, police reports, and medical records all play a vital role in supporting your claim and refuting the insurance company’s defenses. Experienced local attorneys have the resources and expertise to gather and preserve this crucial evidence, strengthening your position and increasing your chances of a favorable outcome.

Don’t Navigate the Legal System Alone

Dealing with insurance companies and their legal teams can be overwhelming, especially while recovering from injuries. A local car accident attorney provides invaluable support and guidance throughout the legal process. They handle all communication and negotiation with the insurance company, file necessary paperwork, and represent your best interests in court if needed.