After sustaining injuries because of the negligent actions of another party, you can file a personal injury claim to recover compensation. Once you have filed a claim, you may think that you can easily recover compensation if you can prove your case. But the defendant will use different defense tactics to avoid liability for your injuries. Because of this, you must hire a good personal injury attorney to handle your case. You can learn more about the defense tactics below:
You Contributed to the Accident
The defendant may raise this defense to limit the possible compensation you may get or prevent you from recovering compensation. New Jersey follows a comparative negligence rule where you can recover injury-related compensation even if you are partly responsible for causing an accident. But this is only possible if you are less than 50% at fault for the accident. For example, if you are 20% at fault for the accident, your recovery will be decreased by 20%.
You Injury Was Not Related to the Accident
The defendant may claim that you sustained the injury before the accident even happened. They will depend on medical records and expert testimony to prove that you have a pre-existing injury. The insurance company may request you to provide them with a medical release that authorizes them to access your entire medical records, hoping to find evidence that you sought treatment for the same injury in the past.
Keep in mind that a pre-existing injury does not stop you from securing compensation in personal injury claims. If this injury is exacerbated because of the defendant’s negligence, you are still eligible for compensation.
You Missed the Filing Deadline
In New Jersey, you must file a personal injury lawsuit within two years from the accident date. But if this deadline passed since the accident, you may still be afforded some extra time. For instance, if the negligent party left New Jersey at some point following the accident and before you filed a claim, the two-year deadline may not count this absence. Also, an exception to the statute of limitations applies in some medical malpractice cases such as one that involves a surgeon leaving an instrument inside your body. In this case, the deadline begins at the date the negligence was discovered. Your personal injury attorney can walk you through other exceptions to the rule. Also, they can ensure you can file a claim or lawsuit before the deadline expires.
Criminal Rights Law 