Catastrophic injury claims often involve significant stakes, both financially and emotionally. Whether it’s a severe accident or long-term disability, these cases demand thorough preparation to fight for the compensation victims deserve. Unfortunately, defendants and their legal teams often use various strategies to reduce or deny claims. Having the right legal support, such as a catastrophic injury lawyer in Atlanta, can make all the difference in effectively countering these defenses. This article breaks down the most common tactics used against injury claims and offers insights on how to counter them.
Questioning the Severity of Your Injuries
One of the most typical defenses is disputing the extent or severity of the victim’s injuries. Defendants may argue that the injuries are exaggerated or unrelated to the incident in question. Insurance companies might request additional medical evaluations to minimize the claimant’s damages.
Detailed medical documentation is crucial to countering such claims. Ensure that all medical visits, diagnoses, treatment plans, and progress updates are well-documented by your healthcare providers.
Blaming Pre-Existing Conditions
Another common tactic is attributing the injuries to pre-existing medical conditions rather than the accident itself. Defendants may argue that the injuries were unrelated or that only minor aggravation occurred, which doesn’t merit significant compensation.
While pre-existing conditions can make a case more complex, they don’t eliminate a defendant’s liability. Demonstrating how the defendant’s actions exacerbated an existing condition is key.
Claiming Comparative Fault
Defendants often try to shift the blame to the victim, claiming they contributed to the accident through negligence. For example, they might argue that the plaintiff was distracted or failed to follow safety protocols, which contributed to the injuries.
Understanding the laws surrounding comparative or contributory negligence in your state is crucial. Evidence such as surveillance footage, eyewitness testimony, and accident reconstruction reports can help prove that most of the fault lies with the defendant.
Arguing the Incident Was Unavoidable
The “unavoidable accident” defense is another tactic often employed. Defendants might claim that the incident was beyond their control due to unforeseen circumstances, such as weather conditions or mechanical failures. They may attempt to absolve themselves entirely of responsibility.
Countering this defense requires thorough investigation and the gathering of evidence. For example, proving that the defendant neglected routine maintenance on a vehicle involved in an accident can dismantle claims of unavoidability.
Undermining Witness Credibility
Discrediting witnesses is a strategy often employed, especially when their testimony can significantly influence the outcome of the case. Defendants may attempt to question the reliability or bias of witnesses to weaken their statements.
Ensuring witnesses are well-prepared before depositions or court appearances is critical. Their statements should be consistent and supported by factual evidence wherever possible.
Delaying Tactics
Some defendants may purposely delay proceedings, hoping the plaintiff will give up or accept a lower settlement. Dragging out the timeline can increase financial strain on victims, which could compel them to settle prematurely.
Working with a skilled lawyer ensures your case stays on track and prevents unnecessary delays. Attorneys are familiar with legal deadlines and can effectively counter stalling tactics, ensuring your claim moves forward efficiently.
Conclusion
Catastrophic injury claims can be complex, with numerous obstacles created by defense teams seeking to minimize liability. However, being prepared and having the right legal advocate on your side can turn these challenges into opportunities to strengthen your case.
By understanding common defenses and how to counter them, you’re better positioned to secure the fair compensation you deserve. Consulting a professional injury attorney can guide you through each step of the process, and your claim receives careful attention it warrants.
