Reasons Why Your Truck Accident Lawsuit May Be Diminished

Law Blog

If you were injured in a trucking accident and are filing a lawsuit to receive compensation, you'll be dealing with an insurance adjuster to settle your case outside of the courtroom. The goal of the insurance adjuster is to give you the least amount possible in a settlement, which is why they are going to attempt to diminish your injury claim. Here are a few reasons that insurance adjusters will use to justify diminishing your case.

The Responsible Party Is Not 100% Liable

A common response to a personal injury lawsuit is to reduce the amount of liability that they hold in causing the accident. You are likely going to say that the truck driver is 100% liable and should pay for 100% of your injury claim. However, the adjuster is going to try to reduce that liability. 

The Injury You Sustained Is Not New

It's also possible that the insurance adjuster will claim that you are not suffering from a brand-new injury caused by the trucking accident. If they make it seem like you have an existing injury that has been exacerbated, then the truck driver is not 100% responsible for causing the injury. The insurance adjuster may also claim that you were injured elsewhere and tried to blame it on the actions caused by the accident.

The Cost Is Unreasonable

If you are dealing with major medical bills, expect the insurance adjuster to say that the treatment is unreasonable. This could be due to the extent of the treatment for the type of injury that you have sustained, or even the overall cost of treatment. The insurance adjuster may also argue that the length of the treatment is unreasonable, meaning that you are being treated far longer than the typical person with that same type of injury.

The Time Off Work Was Excessive

You likely needed some time off of work to heal from your truck accident-related injury, which you can recover in the form of lost wages. If you were out of work for a long time to recover, the insurance adjuster may say that the time you took off work was excessive. They'll try to come up with a justification for why you could have returned to work earlier than you did, and that they do not owe you the full amount of your lost wages.

The Request For Pain And Suffering Is Too Much

You will also be able to request pain and suffering damages as a result of the truck accident injury, which is due to negligence on the part of the driver. Since the concept of pain and suffering is subjective, the amount you request can be rejected for being too high. You may need to revise your request and lower the amount if it is not in line with similar injury cases.

Contact a law office to access additional reading regarding truck accident cases. 


15 April 2022

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