How Insurance Companies Defend NY Personal Injury Lawsuits
When a defendant in a personal injury case has insurance coverage, their insurer is obligated to provide a legal defense. Insurance companies are highly motivated to protect their policyholders and minimize payouts, often employing experienced legal teams and aggressive defense strategies to challenge claims and reduce liability.
Common Personal Injury Defenses
There Was No Obligation / Lack of Duty of Care
In personal injury claims involving negligence, you must prove the defendant owed you a duty of care. The defendant may argue that no such duty existed. For example, a property owner may claim you were trespassing and, therefore, they had no legal responsibility to keep the premises safe.
You Share the Blame / Comparative Negligence
Under New York’s pure comparative negligence rule, the defendant can claim you were partially or entirely responsible for your injuries. If successful, this defense will reduce the compensation you receive based on your percentage of fault. For example, if you are found 20% at fault, your compensation will be reduced by that percentage.
Something Else Caused Your Injury / Superseding Cause Defense
To win compensation, you must prove that the defendant’s negligence directly caused your injuries. A defendant may argue that an unrelated, unforeseeable event—known as a superseding cause—interrupted the chain of causation and is the true cause of your injuries.
You Knew the Stakes / Assumption of Risk
The defendant may claim that you knowingly participated in a risky activity and voluntarily accepted the risks. This defense is common in cases involving recreational activities, such as sports events or amusement parks.
You Were Already Hurt / The Pre-Existing Injury Defense
The defendant may claim that your injuries existed before the accident and were not caused by their negligence. To counter this defense, you will need medical evidence showing that your condition worsened due to the defendant’s actions.
Your Injury Claim Expired / NY Statute of Limitations
In New York, most personal injury claims must be filed within three years of the injury date. The defendant may ask the court to dismiss your case if you file after the deadline. Exceptions exist for minors, who have three years from their 18th birthday to file.
What if You Signed a Liability Waiver?
If you signed a liability waiver before engaging in an activity, the defendant may argue that you waived your right to sue. However, under New York law, many liability waivers are unenforceable, especially those signed for recreational activities or by minors.
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