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October 26, 2020

Defenses the Liable Party Could Use in Your Personal Injury Claim

When you decide to pursue damages in a civil action, you may have to deal with the at-fault party’s insurance company, or even make your case in court. Here are some of the defenses the liable party could use in your personal injury claim. 

How the Liable Party Could Defend Itself in a Personal Injury Claim

No matter where they are heard, personal injury cases usually hinge on a couple key elements that must be proven if the personal injury victim—or plaintiff in a civil action—is to recover damages. As such, casting doubt upon these basic aspects could be a useful counterattack for a defendant. 

One key element is duty of care. In personal injury cases, the plaintiff only has a case if they can demonstrate that the defendant owed them a duty of care while performing the action in question that may have led to the plaintiff’s injuries. Drivers owe their fellow motorists a duty of care while they share the road, for example. In other cases, though, this duty may not be so clear-cut. 

Another key idea is the doctrine of actual damages. In order to have a case, plaintiffs must prove that the defendant’s actions caused them actual damages. As such, proving that the defendant’s actions directly led to their injuries is vital if they are going to earn a settlement. 

These concepts are often difficult to manage for plaintiffs unfamiliar with the legal system, which is a key reason many feel that consulting an experienced lawyer can help their case. 

Contact a Personal Injury Lawyer in Savannah, Georgia 

An experienced lawyer can help you outwit the liable party’s defenses. At The Nye Law Group, we come backed by the experience that could help you get a favorable result. 

Call 912-200-5230 or fill out the form below to schedule your no-obligation, free case consultation with an injury lawyer from The Nye Law Group. 

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402 West Trade Street,
Suite 112
Charlotte, NC

704-862-4177 get directions

2008 Whitaker Street
Savannah, GA 31401

912-732-0249 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 855-856-4212