What are some defenses to a personal injury claim?
So, what are some defenses to a personal injury claim? There are many.
I've had lawyers that on a regular basis defend their clients by saying a dog ran in front of the road. Literally, we pulled some prior public records from the answers filed by this law firm and showed that in three cases that we could find, that was the defense of his clients.
That's very unusual. Most insurance defense lawyers are extremely ethical, but some defenses include saying that there was a gap in treatment and that maybe you were hurt from the accident, but after six weeks or six months you got better.
Look at this gap and then the insurance company will hire their own expert to come in and say, yeah, in most cases with this type of injury the person gets better within six months and, what do you know, look here's a gap in treatment. This person was probably fine and then they hired a lawyer.
That's one defense. Another defense is we never caused this injury. There's no way that this small wreck caused all this injury to this poor person's neck. Very, very common for people to say that - it's their doctor's word against your doctor's word.
If you're in a personal injury case and someone's giving you a defense - maybe, it's the insurance adjuster telling you why you can't recover money - and you're wondering is it a valid defense? Give me a call if you want, I'll be happy to talk to you free of charge and discuss it with you.