If you sustained a serious injury either as a result of a defective product or accident within the premises of a local shopping center, you have the right to file a personal injury lawsuit and demand a reasonable compensation to cover your medical bills, lost wages or other costs you have incurred due to the accident from the responsible business.
But you need to understand that getting the compensation you deserve is not always a walkover. Your opponent – the liable business and their insurance company – may resort to using a defense strategy to lower your settlement or even push for dismissal of your case in court. To avoid this, you want to hire an experienced personal injury attorney who understands the tactics commonly deployed by businesses and their lawyers to circumvent liability.
What Are The Common Defenses To Personal Injury Claims Defense Attorneys Use?
Contributory negligence is one of the most commonly used defenses by defendants to minimize personal injury claims. The defense holds that the plaintiff is partly or wholly responsible for the accident in an attempt to shield the defendant from complete liability.
In Pennsylvania, if a defendant is entirely at fault for an accident leading to personal injury, the defendant (through their insurance carrier) will be asked to compensate you for medical bills, lost wages, and other losses you suffered.
However, if it is established that you and the other party share blame for an accident, Pennsylvania follows a “modified comparative fault.” In this case, the injury is asked to calculate two things based on evidence: the dollar amount of your damages and the percentage of fault that belongs to each party.
Under such fault rule, the damages that will be awarded to you will reduce by a percentage equal to your share of fault. However hiring an experienced personal injury attorney can make the difference between high compensation and low, modified settlement.
Release of Liability Waiver
Knowing full well the danger that an activity or event can result into, businesses or political organizations can ask people to sign a release of liability waiver. This is to protect the business or organizer from any form of responsibility in case you eventually suffer an injury along the line.
However, you can still file a personal lawsuit if you can prove that the defendant was grossly negligent or intentionally caused the injury or accident. In that case, the court may ignore the liability waiver.
This defense may be used against you if the defendant figured out that you have ever had an accident or injury in the past. They may insinuate that you are filing for settlement based on your past injury not the current accident. Fortunately, your attorney can defend you against these frivolous accusations by proving that you truly suffered an injury that is worth being compensated.
The Statute of Limitations
The statute of limitations refers to the legal timeframe you have to file a personal injury claim. The time frame varies across different states. For most states, however, you are expected to file your case within two years. Failure to do so will nullify the validity of your claim.
Need An Experienced Personal Injury Attorney In Pennsylvania To Represent You?
If you or your loved one has ever been injured due to someone else’s negligence, then you have the right to seek redress and demand compensation. But you can’t do it by yourself without a lawyer. The law offices of Michael Alan Siddons are at your service for excellent legal representation.
Michael Alan Siddons is an experienced personal injury attorney who has recovered millions of dollars in settlement for his clients. He will take time to analyze the circumstances surrounding your case, take on the responsible business and negotiate for the highest possible compensation. Let a compassionate attorney handle your case. For more information, visit https://siddonslaw.com/ or call 610-255-7500.