Personal Injury Defenses:  Insurance companies and their defense attorneys often will attempt to defend a personal injury lawsuit by pointing out anything that they believe the personal injury claimant did wrong.  Often these defenses are raised even when it looks very clear that the defendant caused the auto accident to help convince the jury to return lower verdicts.  Some of these common defenses or contributing factors that the defense attorneys raise include the following:

  • speeding
  • sudden stops
  • distracted driving
  • failing to use a turn signal
  • failing to turn on your lights at night or in the rain
  • over reactions
  • failure to yield the right of way
  • improper lane changes
  • improper parking
  • improper stopping

How does this impact the jury verdict?  It can greatly reduce the amount a jury awards unless the personal injury plaintiff’s attorney is able to shoot down these defenses and claims.  If the jury does not assign at least 51% of the liability or negligence to the defendant, then the personal injury plaintiff is barred from any recovery.  Under the legal theory of comparative negligence in Georgia, the  jury verdict is reduced by the percentage of negligence that the jury assigns the personal injury plaintiff.

Lawrence D. Jordan v. Tenia Neolle Bates is a recent Georgia personal injury lawsuit in Clayton County, Georgia.  In this personal injury lawsuit the defense attorney argued that the plaintiff was guilty of failing to turn on his turn signal while turning right.  The personal injury claimant alleged that he suffered a cervical disc bulge and soft tissue injury in the neck.  His medical expenses totaled $10,359.00 and his lost wages totaled $480.00.   The jury was also asked to award money for pain and suffering.  Even with the no turn indicator defense being raised, the jury awarded $70,000.00.  Because this verdict was higher than expected, the defense filed a motion for the verdict to be reduced or for a new trial based on their belief that this verdict was excessive.

Iman Seda v. Laura Townsend:  In this recent case tried in the State Court of DeKalb County, the Atlanta personal injury attorneys for the insurance company argued that the plaintiff caused the accident with an unexpected sudden stop and that the injures were pre-existing this accident.  This argument apparently was very compelling in this personal injury trial because the jury returned a jury verdict in favor of the defendant.

Level the Playing Field:  Insurance adjusters have the advantage if you don’t hire an experienced Atlanta personal injury attorney.  The insurance adjusters often use recorded statements and quick low offers to shut down your personal injury case before your injuries can be fully diagnosed.  If you accept a quick settlement, then you may be stuck with huge medical bills and little compensation for your personal injury claim.

Free Consultation:  The Atlanta personal injury lawyers at the Griffin Law Firm will fight to make sure the insurance company does not get away with low offers that do not fully compensate you for your personal injury claim.  Call us today for your free consultation at 877-PAIN-LAW or 877-724-6529.  Our Pain Law attorneys are here to give you the answers and peace of mind that you need.