In order to create a successful defense strategy, really will depend on the jurisdiction where an accident claim is filed. The attorneys and courts in local areas have a lot of knowledge when it comes to creating liability and having a rock solid defense strategy. Many insurers find themselves up against the claim that has been filed from one of their insureds. Make sure to have an attorney that knows the local insurance defense law. They will know the specific ins and outs in order to help you obtain a quick resolution. This will protect you as an insurer.
Local attorneys will be able to consider the biases of all facts when creating a defense strategy. Religion, age, race and other factors may play a large role on figuring the identity of the trier of fact. Counsel who is familiar with the outcomes of local juror’s, the community, and how compensation is awarded, can help improve a defendant’s credibility. All familiarities and experience can be used to the insurer’s advantage.
Many defenses to liability vary widely among jurisdictions. Some of the most common that are used include comparative fault, assumption of risk, and seatbelt laws.
Comparative fault rules vary. An attorney who is experienced can significantly reduce a plaintiff’s damages. The plaintiff will be looked at in regard to vehicle condition, inattention, speeding, seatbelt laws and any other factor to show any negligence on the plaintiff’s part. If the fault of the plaintiff can be proven even somewhat, this can minimize the defendant’s liability. Plaintiffs are taught to never admit to fault. It is up to an insurance defense law attorney to help prove that the plaintiff has some fault when it came to their accident and injuries. If this is successful, they will have their recovery rewards cut by quite a large margin in some cases.
Assumption of risk also varies depending on jurisdiction. In some situations, assumption of risk may be used as a complete defense against any liability on the defendant’s part,
In most jurisdictions, drivers are required to use seatbelts. This law includes child safety seat laws as well. If seatbelts were not used in the accident or a child was not properly restrained, this may amount to comparative negligence.
Counsel who is knowledgeable when it comes to defense liability in a certain jurisdiction is very important. They will be easily able to create a defense strategy when it comes to motor vehicles accidents and insurers.
Plaintiffs often withhold vital information, which may disqualify them from gaining the compensation that their attorneys are trying to recover. Let a litigation attorney work for you to protect your rights as an insurer. The more knowledge that your attorney has the better off you will be in making a case against the plaintiff. Get started as early as you can. The longer you wait the more time the prosecution has to continue to build their case.
This article should not be considered legal advice.
Web Resource: Accident Attorneys of the Snyder Law Group. Representing injured victims in Bradenton, FL.