The Defenses Victims May Face in Their Personal Injury Claim in Austin

The capital of Texas, Austin, is a beautiful city famous for its numerous live music venues. Austin has a fine combination of college students, musicians, government employees, and blue-collar workers in its population.

As lovely as all that sounds, the “Live Music Capital of the World” has a problem with accidents. The city saw 116 fatal traffic accidents in 2022. As an accident can have devastating effects, victims should fight back against those responsible for their damages and losses.

Victims should consider hiring the personal injury lawyers at DJC Law in Austin. These professionals provide the legal support victims need to get the compensation they deserve.

Personal injury lawyers are great at handling all aspects of an accident case. One such aspect is managing the defenses raised by the at-fault party’s insurance company.

Victims believe that personal injury cases will be settled smoothly if they submit all relevant evidence.

But the sad fact is that insurance companies will go to any extent to prevent a fair payout. This is done with the help of defense statements.

This blog post looks at the different defenses commonly made by the insurance company to minimize payouts or deny a claim. Read on.

Shared Liability

This is a rather common defense used in personal injury claims.

Texas is a modified comparative negligence state. This means that the overall compensation will be reduced depending on the victim’s involvement in the accident. If the victim’s percentage of fault is more than 50%, they lose the right to seek compensation.

Insurance companies will often try to shift the blame onto the victim in an attempt to reduce compensation.

Did Not Visit the Hospital Immediately

Hospital visits are important for successful personal injury claims.

Immediately after an accident, the victim is expected to visit a hospital. A visit to the hospital gets the victim the treatment they need to treat their injuries. It also helps diagnose injuries that might otherwise not show any symptoms.

A visit to the hospital means that the victim sustained an injury. This is the basis for a personal injury claim.

Insurance companies often deny or reduce compensation when victims don’t visit the hospital. They’ll simply say that the victim’s injuries weren’t serious enough to go to the hospital and that they don’t deserve the compensation they ask for.

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Too Late to Seek Compensation

All states have a statute of limitations. In Texas, accident victims have two years to file a personal injury claim. Once this time has elapsed, the victim loses the right to seek compensation.

The delay in filing a claim is a common defense used by insurance companies. There are chances that the case may even be labeled frivolous.

Pre-Existing Injury

Focusing on a victim’s pre-existing condition is a time-tested method for insurance companies to reduce overall compensation.

The victim is eligible for compensation if their pre-existing condition was worsened due to the accident.

However, the insurance company will claim that the victim had a pre-existing condition that they didn’t disclose. They will use this as an opportunity to reduce the compensation.

Victim Knew About the Risks Involved

In some cases, the insurance company may claim that the victim knew all about the risks involved in the activity or situation that caused their injuries.

The insurance company will argue that the victim took part in the activity despite knowledge of the risks involved and that it should be considered as grounds for claim denial.

Final Thoughts

You just read about the five common defenses that insurance companies use in personal injury claims. These are valid defenses that have the potential to reduce the compensation or, in some cases, get your claim denied.

To avoid this from happening, you should consider hiring an experienced personal injury lawyer. With their expertise, you can get fair compensation for all your losses.