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Common Potential Defenses to Injury, Spinal and Paralysis Cases


September 16, 2020

A spinal cord injury or other personal injury resulting in complete or partial paralysis can lead to significant costs for the injury victim in the present and future.  Individuals accused of causing such injuries to others or their insurance companies, may deny responsibility or attempt to mitigate the amount of financial damages for which they may be responsible by alleging a number of defenses, examples below.

Contributory negligence: The person who caused your injuries or the insurance adjuster assigned to your claim may claim that you or someone else is partly to blame for the incident that led to your spinal cord injury or paralysis. The person may claim that you did not seek medical attention in a timely manner, or that you were perhaps not watching for oncoming traffic before crossing the street. In some states, a spinal cord injury victim or paralysis victim who contributed to the accident or his or her injuries in any way will be unable to recover any compensation at all.

Intervening cause:  An accused individual may admit he or she caused the car crash, but argue that it was some other intervening event that led to your spinal cord injury or paralysis.

Overinflated expenses: The insurance adjuster may argue that the expenses and losses you claim are too high. The insurance adjuster may argue that your injuries are not as serious as they may otherwise appear or that the costs associated with your future care are exaggerated.

Put Our Law Firm's Legal Experience To Work For You! We Know What It Takes To Win!™

Montlick & Associates, Attorneys at Law, may be able to help you fight these defenses on your potential case depending on the facts, so give us a call to see if we can help. Our skilled attorneys take the time to anticipate how a case may be opposed. While we hope you are safe and never need our services, we are here to help you if you are involved in any type of accident or just have a question.  Call Montlick & Associates, Injury Attorneys, for your free consultation today. Our law firm has been representing those who suffer serious injuries for over 37 years and our attorneys have recovered billions of dollars for our clients. We Know What It Takes To Win!™

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us nationwide 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333), or simply dial #WIN (#946) from your mobile phone. You can also visit us online at Montlick.com and use our Free Case Evaluation Form or Free 24-hour live chat.

Source:

https://www.gabar.org/forthepublic/forteachersstudents/lre/teacherresources/upload/ch10.pdf (downloads PDF)

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.