Cohen & Sinowski
Cohen & Sinowski

Common Defense Tactics, Fault, And Well-Defended Settlement Cases

Common Defense Tactics, Fault, And Well-Defended Settlement CasesIn this article, you can find out more about:

  • Common defense techniques that companies use to try to deny your settlement.
  • How a lawyer can help your case, even when it’s clear that the other driver was completely at fault.
  • A tragic wrongful death case that ended in a successful settlement for the victim’s family.

What Are The Defenses And Tactics That A Trucking Company’s Insurance Company Will Use To Deny Or Limit My Settlement?

The most common defense a trucking company or their insurance company might try to use against you is the argument that they are not liable. Trucking companies and insurance companies often try to avoid paying compensation by disputing that they are at fault.

As the claimant, we have the burden of proving our case. Even with proof, the trucking company is likely to argue that it is inadmissible or irrelevant. If the trucking company and its insurer have no reason to think their position would be weakened at trial, they will not consider any offers to settle your case.

Another tactic that companies often use is arguing that the victim was partially or fully responsible for the accident. Blaming the victim for causing their own injuries, or suggesting that they were negligent, is a common defense in commercial truck accident cases.

In Georgia, claimants can be held partially responsible for their injuries and receive less compensation as a result. If someone caused an accident and they are more than 50% responsible, he or she does not have the right to file a lawsuit and recover money. Insurance companies and trucking companies will always try to argue that the other party was at fault.

Another defense they may use is accusing the victim of faking or exaggerating an injury just to get a quick settlement. Trucking companies and insurance companies are quick to accuse the victim of seeking financial compensation for pre-existing injuries.

In a personal injury lawsuit, the plaintiff must prove that the defendant was at fault in causing the accident, and also show how the injuries were sustained as a result of the collision. Without clear medical evidence that the accident caused the personal injuries, the defense attorney will argue that there is no support for a compensation claim, and they will not make a good settlement offer.

Is A Driver Ever Fully At Fault For An Accident?

There are cases where it is absolutely clear that the plaintiff did nothing to contribute to the collision, and the liability is on the other party. However, even in these instances, the party at fault may provide other arguments, such as accusing the plaintiff of not wearing their seatbelt.

Insurance companies will often make any argument at all just to see what sticks, and sometimes their accusations can become a focus. Often referred to as red herrings, these are arguments just to make an argument, and can be intended to distract from the main issues of the case. This is one reason why it is useful to have an attorney by your side, even when it is obvious that the other party is completely liable for the collision.

Do You Have A Case In Mind That You Defended Really Well?

We believe in each and every case that we undertake, and we believe in our clients. There are many instances when we believe we have presented the best case possible, and the jury decides in our favor. There are also times when we’ve presented the best case we can, and the trial does not go the way we wanted. No matter what, we do everything possible to prepare beforehand and offer the best case for each of our clients.

Have You Experienced A Case That Was Particularly Moving Or Impactful?

A few years ago, we were representing a client who had passed away in a rear-end collision with a tractor-trailer. The truck driver had been distracted and was looking down, and crashed into the back of our client’s vehicle.

Our client had been a very caring person and a dedicated family man. He was a teacher who had worked every day of his life since he was 12. We talked to his family and listened to their stories about who he was and what he did for a living. He was always helping people – which is exactly what he was doing on the day of the accident.

He was on his way to help deliver Thanksgiving turkeys for church. As a servant of God, he was doing everything he could to bring joy and care to people who weren’t able to afford Thanksgiving dinners.

The insurance company initially came in with a low, slap-in-the-face offer for this wonderful man who had lost his life. It was important for us to hold the trucking company accountable, and to help bring some closure to his family, who will never be the same after this accident.

We were able to walk our clients through the entire process, show them the path forward, and keep them informed at every step along the way. Fortunately, we were able to bring the case to a close without having to put his family up on the stand and tell their stories again in front of the jury, and we were able to secure a great settlement for them.

This was a case we will never forget. It was a privilege for us to be there for his family and his community, and to help bring them a resolution after this terrible tragedy.

We understand how hard it can be to fight for proper compensation after losing a loved one. If you have lost someone you love in an accident, our knowledgeable and caring attorneys are here to support you and your family through this difficult time, and to fight for the compensation you deserve.

With the guidance of a skilled attorney for Wrongful Death Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Wrongful Death Law in Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 383-8835 today.


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