When you are involved in a car accident, understanding what happens once you file a claim is crucial. In many instances, the liable party you file a suit against will likely hire an attorney to defend them from wrongdoing. Though this is frustrating, understanding the common defenses used can help you better prepare for this occurrence. Hiring Monmouth County auto accident attorneys can help you receive the justice you are entitled to when injured due to another party’s negligence. Keep reading to learn the most common ways one will try to evade responsibility.
What Common Defenses Do Those Responsible for an Accident Use?
Unfortunately, even when an accident seems indisputable, a negligent driver will likely do everything possible to avoid responsibility. This includes trying to spin the blame on you. For example, they may try to say you were partially to blame for the accident. New Jersey follows a modified comparative negligence statute, meaning if you are found 50% or more liable for an accident, you cannot recover damages. This means if it’s determined that you are 25% responsible for the accident, the damages awarded to you would be reduced by 25%. In many instances, the driver who was negligent will likely try to claim you contributed to the accident to lessen the damages they must pay you.
Another claim that negligent drivers will use when defending themselves in a car accident case is that your failure to see a doctor or posts on social media negate the severity of your injuries. Unfortunately, when you do not visit a doctor immediately following an accident, the defense may claim that your injuries are not as severe as you are making them out to be. Similarly, if you frequently post on social media, they may use this as evidence that your injuries are not severe since you have not experienced the loss of enjoyment of life.
What Can I Do to Help Improve My Case?
The most important thing you must do following a car accident is to contact emergency services. Not only does this allows you to collect a police report from the responding officers, but you can request medical attention. This establishes care for the injuries sustained in the accident. If the injuries are not life-threatening, you should visit your primary care provider immediately following the collision. The sooner you establish care and receive treatment, the better.
If possible, you should take as many photos and videos of the scene as you can, as this can be used as evidence in a claim later on.
When you’re hurt, the Wilton Law Firm can help. Our legal team will work tirelessly to fight for the best outcome for your needs. Contact us today to learn more about how we can help you navigate your personal injury claim.
