Insurance companies in personal injury lawsuits will inevitably raise multiple defenses to reduce or eliminate their obligation to pay damages. When you file a Nevada lawsuit against a negligent party after a car accident, slip-and-fall mishap, or any other event that causes injuries, ensure that you retain the services of a knowledgeable Las Vegas personal injury attorney. They will anticipate those defenses and prepare strong arguments to refute or defeat them.
Our team of personal injury lawyers in Las Vegas has recovered millions of dollars in damages for our injured clients. We are able to do this because of our ability to overcome the defenses that insurance companies use in personal injury cases to limit or preclude their liabilities. Schedule a free consultation, and we will be happy to assess your case and answer your questions.
What are the most common defenses that insurance companies use in personal injury lawsuits?
When you file a personal injury lawsuit against a negligent party, their insurance company might argue that:
- Your damages should be reduced proportionately to your comparative negligence in causing the accident, or you were more than 50% at fault, in which case you would not be entitled to recover any damages.
- Your damages should be reduced proportionately to your comparative negligence in causing the accident, or you were more than 50% at fault, in which case you would not be entitled to recover any damages.
- The negligent party who caused the accident did not owe you a duty of care.
- You had equal or better knowledge of the risks associated with an activity, but you proceeded with that activity, assumed those risks, and suffered injuries.
- Your injuries were the result of a pre-existing physical or medical condition and were not caused by the accident.
- You filed your Nevada lawsuit more than two years after the accident, and the applicable statute of limitations bars your right to recover damages.
Your attorney will interview you and investigate your case before filing your lawsuit to determine if a liability insurer has any basis for raising these or any other defenses. Liability insurers will also seek information from you and other parties through the discovery process.
How can insurance company defenses be defeated?
An injured victim has the burden of proving by a preponderance of the evidence that the negligent party caused the accident. Further, the victim’s injuries are the direct and proximate result of that party’s negligence. The “preponderance of evidence” standard means that the victim has to prove, even slightly, that something is more likely than not.
The insurance company has a similar burden of proof for the defenses it will use against a personal injury claim. The party and their attorneys, who can best marshal the available evidence, will prevail.
The personal injury lawyers at Valiente Mott have encountered virtually every potential defense that insurance companies use to evade their liability to pay damages settlements and trial awards. We will use our skills and experience to foresee the likely defenses in your case and will manage your lawsuit by vigorously pushing back against them.
Please call any of our offices for a complimentary and confidential analysis of the defenses that an insurance company might use in your personal injury lawsuit. We will provide a fair and honest assessment of those defenses and your opportunity to collect compensation for your losses. Since we work on a contingency basis, there are no upfront legal fees.