When a claim involves catastrophic injuries, an insurance company may choose to defend a case when settling is the reasonable option. When an insurance company allows litigation to proceed, it’s often an effort to encourage a lower settlement. Continued litigation forces a plaintiff to incur ongoing court costs and fees. Insurers and/or defendants may use several common strategies to reduce or discharge liability for a plaintiff’s injuries, including:
- No negligence – If a vehicle driver convinces a jury that he wasn’t negligent, the jury might decide that the plaintiff shouldn’t receive damages.
- Comparative negligence: If a defendant driver convinces a jury that the injured motorcyclist was also negligent, South Carolina’s Modified Comparative Fault statute allows a damage reduction based on the negligence percentage. If a plaintiff is 51 percent at fault or greater, he recovers no damages.
- No defect – A motorcycle or motorcycle helmet manufacturer may plead no defect to allegations that their product contributed to or caused an accident. Maintenance and repair companies use the same strategy in convincing a jury that they didn’t perform defective repairs or maintenance.
- Damage dispute – An insurance company may reduce the potential damage amount if they convince a jury that their insured didn’t cause some or any of the damages.
Our lawyers have dealt with many defendants and their insurance companies, and we understand their tactics. We address courtroom defenses by documenting the evidence and resolving legal and liability issues early on. Our attention to detail has helped us overcome typical insurance company strategies and achieve positive outcomes for many of our clients.