Most people assume that proving the other side was at fault is the most difficult and most important hurdle in a personal injury lawsuit. Actually, even if the other party’s fault is beyond question it may still be a hard fight to get the compensation you deserve. Once defendants realize they cannot win on the issue of liability, their next step is usually to minimize the severity and extent of your injuries. Many defendants even concede liability to put themselves in a better position to fight on the issues of injury and damages.
There are several arguments insurance companies and personal injury defendants use to reduce their exposure following a car accident:
Your injuries were wholly or partially preexisting
Your injuries that manifested subsequent to the accident were not caused by the accident
Your injuries do not prevent you from working
Your injuries are likely to improve over time
Unfortunately for plaintiffs, fault is only one piece of the puzzle. Establishing the existence and extent of your injuries and their causal connection to the accident is also necessary. Even then, assigning a fair value to your injuries can be complex and creates a great deal of room for argument.