What will the defendant argue against me in my accident case?
If this is a car accident case, the defenses we’re typically seeing and the arguments being made against our clients, are that the injuries they sustained were preexisting. In essence, they had these problems beforehand, therefore the accident must not have been the cause for their pain.
Second thing that we typically see is when there is low impact or low damage to a vehicle, the person could not have been hurt if the damage was not extensive. Another thing we see is that after medical treatment is rendered to our client at the ER or hospital, and they do diagnostic tests, if an x-ray, for instance, comes back negative or showing no broken bones, that must mean the client did not suffer any soft tissue or muscle damage. That is not the case.
It’s important before you begin to talk to an insurance company or before you attempt to settle your claim with them, that you speak to someone who is familiar with handling these types of defenses.
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