Defending Against Wrongful Accusations in Personal Injury Cases

A plaintiff who files a personal injury claim will have to prove that another party or entity was liable for their damages and responsible for paying for them. To do this, they will have to gather evidence that shows that another party or entity had a duty of care to them which was violated and that their negligent actions caused the accident which led to their injuries and losses. A defendant when presented with a case against them will have the job of refuting the accusations.

It can be hard to defend yourself from something that you did wrong. However, when you are the victim of wrongful accusations or when the insurance company is attempting to put more of the blame for an accident on you than you deserve having an attorney helping you with this stressful and complicated situation is essential.

If wrongful accusations are behind a personal injury claim against you, then you can call a Philadelphia personal injury attorney at Edelstein Martin & Nelson, LLP for help defending yourself.

How to Combat Invalid Assertions Against You

There are several ways that you can be unfairly treated when a personal injury claim is filed against you.

First, it is not uncommon for a personal injury claim to be filled with inflated losses that do not reflect the reality of one’s actual damages. If a particular false claim is made against you and it can be proven that it is inaccurate and untruthful then it can be stricken from the record. In some instances, a case may not have sufficient grounds and evidence to support it and it can be completely dismissed. In other situations, when the amount of compensation being demanded is far too much for what actual damages are, a more accurate evaluation and a reduced settlement can be the outcome.

Another instance where you may be burdened by wrongful accusations could be when a plaintiff who files a claim against you cannot show that you had an established legal duty of care to them. For a personal injury case to be successful, a plaintiff must demonstrate that the defendant had a duty of care to them that they violated and that is why they would be liable for paying damages. Showing no duty of care existed can be a means to ward off a personal injury claim.

All legal actions have a statute of limitations which is the amount of time that a claim can be filed. Failure to file by the statute of limitations usually means that a plaintiff forfeits their rights to compensation. If a case against you was filed past the statute of limitations in Pennsylvania then this would invalidate the plaintiff’s rights to force you to pay their damages.

Last, if it can be proven that the plaintiff is responsible for their injuries, then you may be able to avoid having to pay their damages or have your payment reduced. 

Speak with an Attorney at Edelstein Martin & Nelson, LLP

Call Edelstein Martin & Nelson, LLP today at (215) 731-9900 to schedule a free consultation to learn more about defending against wrongful accusations in a personal injury case.