In court cases involving personal injuries, you should be well-prepared to face your adversary, whether they are the plaintiff or the defendant. You may have a compelling case based on the available facts and evidence, but you risk losing if you are not well prepared for trial.
What exactly is preparation? There is no right or wrong strategy in this case, but a solid strategy would entail not just engaging a lawyer but also a capable Bakersfield car accident lawyer for legal assistance and direction.
Defences for Car Accidents in Car Accident Claims
Perhaps the most crucial aspect of any trial is determining culpability because it dramatically impacts the judgement. The success of a claim can be affected by many different things in addition to proving blame, including statutes of limitations, negligence, the duty of care, causation, and much more. Legal and factual defences are the most frequently cited counterarguments in auto accident lawsuits.
The two main categories of legal defences are statutes of limitations and lack of a claim.
Limitations on Liability
The law ensures that all parties to legal proceedings are treated equally, which means that both the accused and the plaintiff if their case is valid, are allowed to receive damages. Defendants in auto accident lawsuits frequently mention the statute of limitations, which is legislation that sets a deadline for pursuing legal actions. There are some exceptions to California’s existing two-year case filing deadline (minor children, government claims, etc.).
Even though it’s a valid defence in auto accident cases, the statute of limitations can be extended in some specific circumstances. Examples of this include:
- The plaintiff’s disability
- When the accused is absent from the nation
- Children who are plaintiffs
Conflicting statements in the plaintiff’s complaint document
Even though plaintiffs or their attorneys must establish carelessness, causation, and damages, that is not sufficient. Suppose they submit a legal complaint to the court. In that case, it must expressly detail the plaintiff’s claim and contain adequate details to enable the defendant to understand the lawsuit’s basis. The facts of a legal issue, the plaintiffs’ claim and the cause for it are outlined in a plaintiff’s complaint, which is a court document submitted by plaintiffs ( the plaintiffs usually claim negligence).
What Losses Can You Recover After a Car Accident?
The following damages are recoverable for car accident victims in auto accident lawsuits.
- Compensation for past and future medical costs
- Compensation for past and upcoming lost pay.
- Distress emotionally hurts both now and in the future.
- Damage compensation for the property.