Following an injury accident, it’s common for plaintiffs to file lawsuits to recoup their losses for pain, suffering, lost income, and medical bills. Whether a person is considering filing a claim or they’re being sued, it helps to learn about some of the reasoning used by an Auto Accident Defense Lawyer in Las Vegas NV.
The Statute of Limitations
This law limits the time within which a case may be filed. The time limit varies by jurisdiction and case type, and while there’s no standard statute, a two- to six-year period is quite common. This defense is a matter of state law, which means that if a suit isn’t filed in time, it’s barred. Unless there’s a notable exception, the court will almost always uphold the defense.
Fault or Liability Defenses
A common factual defense to an auto accident claim involves fault unless the event occurred in a no-fault jurisdiction. An Auto Accident Defense Lawyer in Las Vegas NV may seek to limit a client’s liability by proving that the plaintiff was partially or completely responsible for the accident. Depending on where an accident occurs, the rules vary on compensating a plaintiff who’s partly responsible.
* Comparative negligence: This is a factual defense. In states that allow it, each person involved is assigned a portion of fault based on the case’s facts. In some areas, plaintiffs who are 50% (or more) responsible cannot make a recovery. However, in most cases, the verdict is reduced according to the plaintiff’s share of responsibility.
* Contributory negligence: This may be a crippling defense in an auto accident case. In the few areas that follow such a rule, anyone contributing to the accident cannot gain compensation.
Mitigation Failure
In most places, injured parties have a duty to mitigate damages. Simply put, if a person is hurt in an auto accident, they have a duty not to make the injury worse. If they do, they may get a reduced recovery. Many times, plaintiffs exaggerate their injuries, fail to follow a doctor’s orders, or engage in activities that worsen the injury. It’s important to be mindful of such a defense and to consult an attorney if there are any concerns.
Auto accidents are confusing, whether one is a plaintiff or a defendant. For help, advice, and legal counsel visit Our Website or call today to schedule a no-obligation consultation with an auto accident defense lawyer. You can connect with them on Facebook for more updates!
