After suffering a spinal injury due to the negligent, or careless, actions of another person, you can file a claim against the liable party for financial compensation. Liable parties, known as defendants in personal injury claims, will try to shield themselves from paying as much compensation as possible. To do this, they will raise several defenses to avoid paying full damages, or any at all. It is important to know what these defenses are so you are prepared for them and can fight back against them.
Denying You Were Injured
A spinal injury claim is meant to restore you to the same type of medical condition you were in before the accident. If you did not sustain any injuries, you cannot file a claim. Liable parties use this fact to their advantage by claiming that while you may have been in an accident, you were not injured. Defendants also often state that the injury was pre-existing, meaning it was not caused by the accident. It is critical to collect evidence that proves the nature and severity of your spinal injury, such as medical reports and documents that detail the injury, any treatment you need, and your prognosis.
It is not uncommon for defendants to claim that an accident victim was at least partly, if not wholly, at fault for an accident. If they are successful with this argument and can show that your own negligence contributed to your spinal injury, it will reduce the amount of damages you receive. It may even result in no damages being awarded at all.
Florida follows the pure comparative negligence rule, which means you can still collect damages even if you were 99 percent at fault for the accident. However, any damages you are awarded will be reduced by the same percentage of fault. It is important to work with a Miami personal injury lawyer who can refute these arguments so you claim the full damages you are entitled to.
Assumption of Risk
Defendants also sometimes argue that accident victims assumed a certain degree of risk, particularly if you were engaging in a dangerous activity at the time of your accident. For example, if you were in a motorcycle accident and suffered a spinal injury, the defendant may argue that you assumed the risk by choosing to ride the bike. You still have the right to claim damages when you were engaging in a legal activity, even if it was a little risky. A Miami personal injury lawyer can argue your case so you receive a fair settlement.
Our Personal Injury Lawyer in Miami Can Fight the Defenses Used
If you have suffered a spinal injury, you will face high medical expenses, and your life may never be the same. At Dolan Dobrinsky Rosenblum Bluestein, our Miami personal injury lawyer will argue against the defenses raised by the other side so you obtain the maximum damages you justly deserve. Call us now at 305-371-2692 or reach out to us online to schedule a free consultation and to learn more about your legal options.