It is the worst nightmare anyone could have, excluding bodily injury or an unplanned illness. So the person who was hurt is trying to sue you for damages because of your involvement in a vehicle accident or some other form of negligence. Dealing with this situation is never enjoyable, and you have yet to learn how to react or determine the appropriate course of action in complex matters. How should you deal with this case first, and most importantly, how can you lessen your liability?
In this article, we will go over some of these inquiries, like what to do if a personal injury claim is filed against you so that you can ensure that you are treating the case correctly and that you don’t put yourself at more risk by saying or acting unintentionally. Let’s start with some of the fundamentals to give you an idea of how the process works.
What Is A Personal Injury Lawsuit?
A personal injury lawsuit may result from a person or business acting negligently in some way that led to an incident that injured another person. An injured person must now pay for medical bills, expenses, lost wages, and other injury-related losses.
Since the accident wouldn’t have happened, but for the other party’s negligence, that party (also known as the at-fault party or defendant) might be liable for the harm’s costs. The aggrieved party, or plaintiff, sends the defendant a demand letter outlining the charges and the wrongdoing, and they seek payment for their injuries and any related costs. If you cannot reach an out-of-court settlement, it is time to initiate an injury lawsuit.
When the circumstances of who is at fault are obvious, many injury cases are resolved outside of court. Still, some will proceed to trial when both parties cannot agree on a fair amount of compensation.
What are some common defenses to a personal injury claim?
Defendants and their legal representatives typically employ various defenses to counter the plaintiff’s allegations when facing a personal injury claim. While the specific defenses can vary depending on the circumstances of each case, here are some commonly used defenses in personal injury claims:
- No Negligence: The defendant may argue that they did not act negligently or breach any duty of care owed to the plaintiff. They might claim their actions were reasonable and did not contribute to the injuries.
- Comparative Negligence: This defense asserts that the plaintiff’s negligence or carelessness contributed to their injuries. The defendant may argue that the plaintiff’s actions or failure to take precautions were partially or wholly responsible for the accident.
- Assumption of Risk: This defense is applicable when the plaintiff voluntarily participated in a dangerous activity or was aware of the risks involved. The defendant argues that the plaintiff knowingly assumed the risks and cannot hold them liable for any resulting injuries.
- Statute of Limitations: Defendants may claim that the plaintiff filed the lawsuit after the expiration of the legally prescribed time limit (statute of limitations). If successful, this defense could lead to the dismissal of the case.
- Lack of Causation: The defendant disputes the link between their actions, the alleged negligence, and the plaintiff’s injuries. They may contend that the injuries were pre-existing, caused by another party, or unrelated to the incident.
- Pre-Existing Conditions: Defendants may argue that the plaintiff’s injuries did not result from an accident but were caused by pre-existing conditions or previous incidents. They contend that they cannot be held responsible for existing injuries.
It’s important to note that the availability and applicability of these defenses can vary depending on the jurisdiction and the specific laws governing personal injury cases. Consulting with a qualified attorney is crucial for understanding the defenses relevant to your particular situation.
Why was I being sued?
Since your conduct led to the accident in the first place, you are referred to as the defendant if you were the one being sued on the injury claim. Everyone knows that injuries can result in high medical bills, expenses, lost wages from being unable to work, mental distress, property damage, and occasionally even the death of one of the wounded individuals. If the injuries are fatal, the case changes to a wrongful death lawsuit, and the costs are likely to increase significantly compared to a typical personal injury claim.
According to the law, it is only reasonable to compensate the injured parties for any expenses connected with the accident or their injuries because it was your fault that the event occurred. The lawsuit is necessary because most people will only give this money away if they sign a contract that is enforceable by law. Suppose you want to win this lawsuit without getting taken advantage of by the lawyer representing the other party. In that case, you must grasp the fundamentals of personal injury law because numerous variables can impact each individual’s claim, and every case is unique.
In most cases, you or the insurance company will be contacted by the injured party’s lawyer, who will frequently attempt to negotiate a settlement before filing a lawsuit. Unless negotiations fail, it’s usually not a good idea to sue someone quickly because lawsuits are costly and risky to all parties.
Responding To The Allegations And Demand Letter
Usually, once you receive a demand letter from the injured party and their lawyers, you’ll first realize you’re in legal trouble. This demand letter informs you that the injured party believes you caused the accident and is requesting compensation for the expenses related to the accident and/or injuries. This letter will describe the accident’s specifics, how they believe your acts were careless and ultimately contributed to the tragedy, as well as the expenses that must be covered. This letter will rarely be delivered to you directly following an automobile accident; instead, it will be sent to the insurance company. However, in some circumstances, such as when the injured party is unaware of the insurance company’s name, an attorney or other people may make first contact with you.
Suppose you have insurance and receive one of these letters. In that case, insurance is designed specifically for situations like these. Send the communication to your insurance provider as soon as possible and notify them. They will take care of the situation on your behalf. It’s crucial to complete this step because many insurance contracts stipulate that if a claim occurs against the insured, the insured must notify the insurance company within a specific time frame or risk losing coverage.
If you receive a summons and a copy of a complaint instead of a demand letter, this indicates that you are the subject of a lawsuit. It’s always a good idea to have a lawyer on your side familiar with the specifics of the type of lawsuit you are facing when you are being sued. The most likely situation is that you will face a lawsuit for carelessness due to an automobile accident, an injury at your house or place of business, or both. Calling your insurance provider immediately is the best course of action. If it includes a car, contact your auto insurance provider. If it is another accident, you should immediately contact your homeowners’ insurance, renters’ insurance, or excess insurance company. You spend a lot of money on insurance. These policies will likely allow you to hire a lawyer at the insurance companies’ expense to defend your rights and counter any claims made against you.
Additionally, it is crucial for you to immediately start searching for your own personal injury plaintiff’s lawyer and contacting your own insurance company if you receive a demand letter if you are being sued for an incident you believe was not your fault, or if you were also injured in the incident. Colorado law has a few exceptions to the requirement that all claims be brought in the same lawsuit.
It implies that depending on who was primarily at blame in a car accident where you and the other driver sustained injuries, you could have a claim against one another. You can establish a claim for your injuries later if you are sued first and submit a counterclaim within the statutory time frame. Though they are relatively uncommon, these circumstances are incredibly distressing. If it occurs to you, contact your insurance provider to obtain a defense lawyer, and contact a plaintiff’s lawyer to determine whether you can file a counterclaim in reply to the lawsuit. Frequently, the defense lawyer appointed by your insurance provider will only be able to represent you against the counterclaim.
Determining The Fault Of All Parties
California follows a modified form of comparative negligence, which means that if one party is found to have contributed 50% or more to the accident, they cannot seek damages from the other. Additionally, the amount from the judgment is lowered by 20% if the injured person contributed 20% to the accident, and their maximum recovery will be 80% of the total.
It can be challenging to assess each person’s relative level of fault, mainly when there is little evidence to support what transpired or the cause of the accident in the first place. Ensure you are ready and have all the supporting documents available when it is time to argue against being found at fault. Not every case offers enough conclusive evidence to establish fault.
Denying Fault From Allegations
As we discussed, it is advantageous for your case to demonstrate that the other party is somewhat to blame. Even though their conduct contributed to the incident in question, the plaintiff will occasionally attempt to place the entire blame on you. It might be the case because the opposing party is attempting to obtain the largest settlement possible; they believe you cannot establish their guilt, or they outright lied to their attorneys about what occurred. The burden of proof is significant in this situation because the person accusing you of wrongdoing must be able to show that you committed an offense; they cannot just accuse you without solid evidence.
These scenarios provide compelling evidence for your need to strive to disassociate yourself from any guilt or, at the very least, to lessen it as far as is permitted by the law and the specifics of your case. That is particularly true if you were hurt in the accident, as you won’t be eligible for any compensation if you are found to be at least 50% at blame.
Discuss your case in detail with your personal injury lawyer Riverside, including what happened, whether you made any mistakes, whether there’s a reason you have to take the action that led to the accident, and any other information that would be helpful. Your attorney will examine all the facts to determine whether there are any areas where they may contest your guilt or, at least, establish that the other party’s activities contributed to the result. Ensure you get it correctly the first time since once you can handle this case sufficiently, settlement amounts can be much decreased, and the case will be much easier to deal with.
How much do I need to pay?
Unfortunately, since every personal injury case is unique, there is no definitive answer to this question. Some will receive million-dollar settlements, while others will receive a few thousand. It all boils down to how much money is spent on medical expenses, property damage, suffering and pain, lost wages or income, and perhaps punitive damages if the defendant acts in a risky or reckless manner. Of course, insurance coverage also significantly impacts how much you will pay, but we will discuss that in more detail in the following section.
Compared to cases involving minor injuries, the compensation value will probably increase significantly if the injured party suffers permanent damage or needs regular medical care. That is because if the injured party can recover, they will continue to deal with the pain and suffering caused by these injuries for a protracted period. Regular medical and physical therapy costs are also often associated with these ailments. Because the victim may have to live with these disabilities for the rest of their lives, spinal cord injuries, neck injuries, and brain injuries are frequently linked to high injury settlement amounts.
Ensure you always have enough insurance to cover most of these costs and always follow the law to avoid exposing yourself to the risk of becoming financially strained by a personal injury settlement for years to come. These factors can significantly impact the cost of a lump sum payment or structured settlement.
Isn’t the insurance company expected to pay for damages?
The quick answer is both yes and no. The amount your insurance will cover will be significantly influenced by the accident and whether you have coverage for accidents of this nature. If you were involved in an automobile accident and lacked insurance, you would be responsible for covering all costs. If you only had the most basic insurance, you could be forced to pay the balance of the cost after your coverage has expired.
Even if you’ve got insurance, you might not be protected in some circumstances. It depends on how the accident happened and if you were intentionally negligent when the accident happened. Your insurance provider will do everything possible to avoid paying out compensation in situations like those.
Suppose you only possess workers’ compensation insurance, and someone slips and falls on your company’s property. You would be responsible for paying the entire settlement costs in this scenario because you lacked a policy covering slip and fall incidents when the accident occurred. Always ensure you have comprehensive insurance coverage in any area where you may be liable; otherwise, if an accident occurs and you are found to be at blame, you may have to pay for it in the long run.
The most crucial component in determining whether you must pay any money from your pocket or to minimize the value of money you might be accountable for yourself is having the right sort and amount of insurance. If you have significant assets, such as cash in the bank, property paid in full, or other real estate, you should ensure that they are protected if you are found responsible for harm to another person. Only $25,000 in bodily injury coverage is required by California law for drivers. Still, if you cause an accident, this frequently only covers ambulance transport and one night at the hospital. Obtain as much coverage as possible to reduce your risk of paying a civil judgment.
On the other hand, purchase as much excess insurance, or uninsured/underinsured motorist coverage, as you can. Inquire further about umbrella policies with your insurance representative. If you are hit by a driver who has no insurance or has very little insurance, uninsured motorist coverage gives you an extra layer of protection. This kind of coverage is frequently available for a vast number of dollars at a comparatively inexpensive price. The insurance policy known as MedPay is also beneficial to have. If you are hurt in an accident, you can utilize this coverage to cover your medical expenses, regardless of who was to blame.
Even though many consumers believe they have “full coverage,” this isn’t always the case. Different people may have different definitions of full coverage. Even if you have coverage for a wide range of situations, you risk making out-of-pocket payments if your limits are lower to protect your assets adequately.
Negotiating The Settlement
One of the most crucial aspects of every personal injury claim is settlement negotiation. As a defendant, you will be interested in paying the least as possible. The injured party will try to persuade you to pay as much as possible so that they may utilize the extra money to their advantage. To avoid taking the issue to trial, which may require a very long time to resolve if that does happen, the lawyers on both sides will engage in a legal duel and attempt to reach a compromise where both parties deem the settlement agreement fair. Here is more information about personal injury litigation timetables.
In many circumstances, you can choose between a lump sum payment and a structured settlement compensation package. That means you will either make monthly, quarterly, or yearly payments to the plaintiff for a specific amount or provide the plaintiff with a lump sum payment of the damages owed. Lump sum payments are often made when all injuries have received complete medical attention, and no further expenses are related to those ailments. Structured settlements are typically chosen when an injury necessitates continuing medical care, payment for future lost wages, or various ongoing financial responsibilities.
What should I do if I am unable to settle?
If you cannot settle a personal injury claim lawsuit, there are several steps you can consider taking. Here are some general options to consider:
- Continue Negotiating: Even if initial settlement negotiations have stalled, it may still be possible to resume negotiations with the opposing party or their insurance company. Sometimes, a fresh perspective or additional evidence can help bridge the gap and lead to a settlement.
- Mediation: Mediation is a voluntary process where a neutral third party, the mediator, facilitates discussions between both parties to help them reach a mutually acceptable resolution. Mediation can be less formal, less expensive, and less time-consuming than going to court. It allows both parties to have more control over the outcome.
- Arbitration: Arbitration is a process similar to a trial but less formal. An arbitrator or panel of arbitrators acts as a private judge, listening to both sides of the dispute and making a binding decision. Arbitration can be either voluntary or mandatory, depending on the circumstances.
- Pretrial Settlement Conference: In some jurisdictions, the court may require both parties to attend a conference. This conference provides an opportunity to discuss settlement options under the guidance of a judge. The judge may offer insights, opinions, or suggestions to encourage a resolution.
- Trial: If all attempts at settlement fail, your case may proceed to trial. It is essential to have legal representation throughout this process. Your attorney will present your case to a judge or jury, and a decision will be reached based on the evidence and arguments presented.
Remember, the best course of action will depend on the specifics of your case, including the nature of the injury, the strength of the evidence, and the applicable laws in your jurisdiction. Consult with an experienced Riverside personal injury attorney who can guide your situation.
How Can A Lawyer Help
You are always advised to retain a skilled personal injury attorney to help you navigate the process and catch the little details you wouldn’t have thought of. Every injury case includes many details that must be examined with a fine tooth comb to ensure you receive the best results.
Injury case attorneys are familiar with the particulars of injury claims and how to handle them effectively. Many of these subtleties would go unnoticed by an untrained eye; even if they were noticed, they would not know how to handle them. You can avoid hiring legal counsel. Still, it is challenging for a non-attorney to achieve the same level of success as an experienced injury lawyer, particularly in complex cases with numerous moving components.
Once you have a knowledgeable personal injury attorney on your side throughout the process, your outcome will likely be much better than if you attempted to handle your case independently.
Schedule a Free Case Evaluation
Do you experience or are you facing a personal injury claim? It can be overwhelming, but you don’t have to face it alone. At Cefali & Cefali, our team of experienced Riverside personal injury attorneys is here to protect your rights and interests. Take the first step towards a strong defense by scheduling a free case evaluation with us today.
Our dedicated Riverside personal injury lawyers in our law firm will carefully assess your situation, provide personalized advice and guidance, and outline the best defense strategies tailored to your specific needs.
We always value our clients. If you have questions or want information, call us at (925) 289-7997 or schedule an appointment or consultation.
Cefali & Cefali
27130 Paseo Espada Bldg B, Ste 521,
San Juan Capistrano, CA 92675
+1 877-423-3254
