When one sustains injuries in Utah due to the negligent behavior of another, he or she has the right to pursue compensation for the damages. However, the process may not be a walk in the park as the at-fault person’s insurance company may attempt to deny the claim or reduce the compensation amount.
Insurance companies may resort to various defenses to protect their interests. Here are some of the defenses that you should be aware of when pursuing personal injury compensation.
Table of Contents
Contributory Negligence
Contributory negligence is a defense used to claim that the plaintiff was partially responsible for the injuries they sustained. It is a way to reduce the amount of compensation that the plaintiff can collect by placing a portion of the blame on them.
Utah is a comparative negligence state, which means that if a plaintiff is partially responsible, it does not necessarily bar them from recovering damages, but they will only receive compensation proportional to their degree of fault.
Assumption of Risk
Assumption of risk defense is used when the injured party voluntarily exposed themselves to a known danger. This defense is commonly used in cases where the plaintiff participates in high-risk activities, such as sports, or signs a waiver before participating in an activity.
Statute of Limitations
Utah has a statute of limitations law, which means that there is a time limit for filing a personal injury claim. If you fail to file your claim before the deadline, you may lose your right to seek compensation.
In Utah, the statute of limitations for personal injury suits is generally four years from the date of the injury. However, this deadline can be shorter depending on the type of claim and the parties involved.
Lack of Causation
To win a personal injury case, the plaintiff must prove that the defendant’s negligence or intentional conduct caused their injuries. If the defendant can prove that there was no causal link between their actions and the plaintiff’s injuries, the plaintiff’s claim may be unsuccessful.
Comparative Fault
Utah follows a comparative fault system, which means that the amount of damages that the plaintiff can receive will be proportional to their degree of fault. If the plaintiff was also partially at fault for the accident, their compensation amount will decrease proportionately.
Insurance Coverage Denial
Insurance companies have the means to deny liability claims or reject a settlement offer if they believe there is insufficient evidence supporting the plaintiff’s claim. They may also claim that the victim or plaintiffs were underinsured, leaving them responsible for any damages that go beyond their policy limit.
Insurance companies are motivated to limit their losses and maximize their profits. They will often offer low settlement offers or outright deny claims, hoping that the injured parties will accept less than what they are legally entitled to.
Final Thoughts
Personal injury cases can be complex and confusing. It is important to have a competent lawyer on your side to help you navigate through the legal maze and protect your rights.
If you are injured as a result of someone else’s negligence or intentional conduct, you have the right to seek compensation. Knowing the common defenses used in such cases can help you better prepare and present your case to give you the best chance of recovering damages.