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September 17, 2020

5 Defenses the Liable Party Could Use After Your Car Accident

Heading to court after suffering a serious injury in a car accident can be overwhelming. Being prepared is a great way to ensure that you are less intimidated as you go up against the person or persons who are liable for causing your injuries. 

One way to accomplish this goal is by making sure you understand what possible defenses they may use to try to escape culpability. Below we go into further detail about the five most common defenses the liable party could use after a car accident. 

1. The Accident Was Partially Your Fault

Colorado is a modified comparative negligence state. This means that when you are partially to blame for the cause of your injuries, you can still be awarded compensation from the primarily liable party. You can expect the liable party to try to increase your amount of culpability in order to reduce the amount that they will ultimately be ordered to compensate you for. 

Even if you are partially responsible for causing the accident, that doesn’t mean that the liable party is not compelled to cover their portion of your losses. And fact, modified comparative negligence laws in Colorado are designed to take into consideration the injury victim’s portion of fault when calculating the amount that they are to be compensated.

2. The Statute of Limitations Has Passed 

The statute of limitations in Colorado for a personal injury claim is two years. So if you are attempting to file a lawsuit after the time limit has expired, you can expect a liable party to file a motion to dismiss your case, and the judge presiding will have no other choice but to grant their motion.

3. You Exaggerated Your Injuries

There’s a fine line between taking into consideration every single way in which your life has been impacted by the injuries you sustained and over-exaggerating the extent of your injuries. The liable party is likely to say that your injuries are not as severe as you claim they are. 

In this case, your lawyer will be sure to provide all necessary medical documentation and other supporting evidence that clearly shows the full extent of your injuries and other losses.

4. The Accident Was Someone Else’s Fault

Blaming someone else for the cause of the accident is one way the liable party may try to get out of being found responsible for causing your accident. Your lawyer will have conducted a thorough investigation into the cause of the accident to determine who is ultimately responsible. Any and all parties that are found to share culpability for the accident will be held accountable and civil court.

5. There Were No Injuries

It is important that you get medical attention immediately after the accident so that your medical records reflect that you were seen. Many times, if a patient does not feel sick or have visible injuries, as might be the case if a concussion was present, for example, they will decline medical attention. 

This can only have a negative impact on your case in the long run. The liable party may argue that your injuries occurred at a later date if you do not get medical care immediately following the accident.

Meet with a Car Accident Lawyer in Denver, Colorado

To learn more about how a qualified Denver car accident lawyer at Justice for Colorado could help you with your case, schedule a free, no-obligation consultation by calling 303-647-9691 or completing the quick contact form provided below. Our Denver team is standing by to help you with your Colorado case.

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