If you have been involved in a motor vehicle accident, you may be interested in filing a lawsuit against the parties responsible for your accident. As you build your case, it is important to address the defenses that these parties will likely use to defend themselves against your claims. Here are some of the most common defenses used by defendants following an accident.
Exaggerated injuries/pre-existing condition
If you are filing a claim after an accident, you are likely seeking compensation for the injuries you suffered because of the accident. The parties you are suing may dispute the nature and extent of your claimed injuries or the necessity of the treatment you received.
They may also argue that your injuries were the result of a pre-existing medical condition and were unrelated to the accident. You will need to provide medical documentation and expert testimony to prove your injuries/medical conditions were caused or worsened by the accident.
Comparative negligence
If you are alleging that another driver’s negligence caused your accident, you should be prepared for the possibility that the other driver will claim that your negligence caused the accident. In other words, the other driver may claim that you were comparatively negligent and, therefore, are partially or fully responsible for your accident.
According to Georgia’s comparative negligence laws, you might still be able to recover damages if you are partially at fault for your own accident. However, you must be less than 50% at fault for the accident to receive compensation.
Statute of limitations
The other driver may also claim that you brought your suit too late and are violating Georgia’s statute of limitations for car accidents and other personal injury lawsuits. In Georgia, you have 2 years after the date of the accident to file your claim. If your lawsuit is brought after the 2-year mark has passed, the statute of limitations has run out, and you will no longer be able to recover damages.
Preparing for possible defenses to your car accident claim is essential to a successful personal injury claim. An attorney specializing in car accident claims can help you build your case and address any defenses raised by the defendants.