What Defenses Might Be Raised in an Illinois Car Accident Case?

If you are the victim of an accident, you should hire an attorney as soon as possible to ensure your legal rights are protected throughout your legal claim. Without an attorney, you may settle your claim with an insurance adjuster for far less money than it is actually worth. For example, did you know that you may be able to recover the cost of any future medical care you may need? Personal injury attorneys seek the maximum compensation available under the law for their clients.

Of course, the at-fault driver’s insurance company and the at-fault driver himself will raise a number of defenses as to why they should not pay you the amount of damages you are seeking. However, your attorney will know how to protect your claim against these defenses when possible.

The most common argument is that at least some of the damages you are seeking are not directly related to the accident. For example, if you visited a chiropractor for back pain a year ago, the at-fault driver may try to argue that the back pain you claim is from the accident is really a preexisting condition. The same argument is also often used against accident victims who complain of headaches and other aches and pains. In cases where the victim seeks emotional distress damages, the at-fault party may argue that the victim is exaggerating his emotional pain to get more money out of the insurance company.

The at-fault driver may also try to argue that the victim was negligent and, at a minimum, should have his damages awarded reduced. For example, the at-fault driver may argue that the victim did not yield properly or committed some other traffic violation that contributed to the accident. In some cases, a victim may have his damages reduced if the victim’s negligence did play a part in the crash.

Additionally, the at-fault driver may argue that factors outside of his control caused the accident. Perhaps a tire suddenly blew without warning, or perhaps something fell into the at-fault driver’s path. Sometimes, a part in a car malfunctions and leads to an accident. In some cases, if a driver can prove he was not negligent at the time of the accident, that driver may be able to avoid liability for a claim. Of course, proving this defense requires a careful analysis of the facts. Experienced personal injury attorneys know how to fight these defenses and show that a driver truly was negligent at the time of an accident.

The at-fault driver must submit proof of these defenses, such as medical records, expert medical reports, photographs, video surveillance footage, eyewitness testimony, and other such documents.

If you have been involved in an accident, contact Chicago law firm Stein & Shulman, LLC

At Stein & Shulman, our highly skilled personal injury attorneys know what steps to take to protect your right to monetary compensation. To schedule your free consultation with our experienced firm, call 312.422.0500 today.

If you were injured in an accident, contact Stein & Shulman, LLC Today

Free, Instant Case Review – Call 312.422.0500

If you were injured in a vehicle accident in Illinois, contact Stein & Shulman, LLC, today to discuss your legal options with a skilled Traffic Accident Attorney. You can schedule a case consultation at no cost to you by calling our office at 312.422.0500.

Stein & Shulman, LLC
134 N LaSalle St, #820
Chicago, IL 60602