If your motorcycle accident case goes to trial, you can expect the defense attorney to present numerous strategies in an effort to reduce or eliminate responsibility. A core part of planning for your own motorcycle accident injury case, then, is to examine all possible defenses and prepare for them. That way, it’s possible to be ready for anything that may come up during a trial. Your motorcycle accident injury attorney will work with you on developing a strong counterargument in advance, so you’re ready to act.
Common Defenses in Motorcycle Cases
Some potential defense strategies or claims that may come up include the following:
- Statute of limitations defenses. In Nebraska, a victim has four years to file a claim of personal injury after a motorcycle accident. If you try to file a claim outside of this timeline, the defense may try to have the case thrown up as a result.
- Liability defense defenses. Another common defense is switching the fault of the accident to the other party (you). They may try to show that, in some way, it was your fault the accident occurred and, as such, they should not be responsible for your losses.
- Mitigated damage defenses. The defendant may try to prove that you did something that made the outcome worse, and therefore the amount of recovery should be less. For example, the defense may try to prove you did not complete therapy like your doctor recommended, and that led to more extensive damage.
How to Prepare for Each Defense
Your defense attorney will talk to you about each one of these potential defenses and how they apply in your situation. It’s often possible to anticipate which ones may be applicable in your case simply based on the specifics of the incident. It takes a bit of time to work through this process, but exhaustive measures are often taken to ensure you receive full compensation for any losses you’ve incurred as the result of another person’s negligence.
Let the Law Office of Matthew A. Lathrop, PC, LLO assist you in preparing for any defense that comes up against your claim. Our Nebraska motorcycle attorneys are available to discuss your case with you. Contact us today to schedule a free consultation.