Common Defenses Insurance Companies Use in Personal Injury Cases in Florida

Personal injury laws aim, through compensation, to restore affected individuals to the state they were before the accident. While this is always helpful for many victims, it is essential to know that receiving compensation after an accident is not always automatic. Victims have to meet procedural requirements on one hand and deal with the many defenses put up by insurance companies on the other.

This article details some of the known defenses used by insurance companies in Florida and how to counter them.

Denying the Injury Came from the Accident or Challenging Its Severity

A popular defense put up by many insurance adjusters in Florida is to either deny that the defendant’s act caused the victim’s injury or to deny its severity. It is not uncommon for insurance companies to claim that the victim’s injuries are less severe as they appear. At other times, they might try to say it was a preexisting condition, rather than one that directly resulted from the accident.

To back their claims, these insurance companies always look into all medical documents presented to find anything that remotely supports the narrative they want to tell. This insurance malpractice is why victims need to seek immediate medical attention, regardless of how they think they feel after the accident. Every medical document issued by a licensed healthcare facility can be helpful when challenging insurance companies.

Leveraging Florida’s Comparative Negligence Rule to Push Fault

Another defense that you will find insurance companies putting up is the comparative negligence rule that is operational in Florida. Under the newly revised rule, if a victim is more than fifty percent at fault, they cannot claim compensation for damages suffered. By this rule, insurance companies try to do all they can to get the victim to admit fault, which can then be exaggerated.

To avoid falling for this, it is best to avoid talking to insurance companies freely after the accident or admitting fault in any way. Even when they try to act all calm and sweet talk, you must insist that you will not be speaking to anyone without your lawyer present.

Disputing Liability by Questioning Negligence

Another defense insurers rely on is the argument that the insured party was not negligent at all. To win a personal injury case in Florida, the injured party must prove that the other party owed a duty of care, breached that duty, and directly caused the injury. Insurance companies challenge these elements at every stage.

They may claim that the insured acted reasonably under the circumstances or that the event was an unavoidable accident. In car accident cases, the insurer may argue that a mechanical failure or a sudden medical emergency was to blame rather than negligence. In premises liability claims, they may assert that the property owner took reasonable steps to keep the premises safe.

“By disputing liability outright, insurers aim to defeat the case entirely, forcing the injured person to provide substantial evidence to prove negligence,” says Mark Kaire, partner at Kaire & Heffernan, PLLC.

Using Statements Against the Claimant

Insurance adjusters frequently contact injured individuals soon after the accident, often sounding sympathetic and helpful. Their goal is to obtain recorded statements from the victim to challenge the claim. Innocent remarks such as “I feel fine” or “I did not see the other vehicle” can later be portrayed as admissions that undermine the case.

Because insurance companies may interpret or manipulate statements to their advantage, controlling communication is critical. A claimant’s best protection is to avoid discussing the accident with anyone other than a medical professional or legal representative.

Conclusion

The many tactics used by insurance companies in Florida are as old as insurance itself, and lawyers have become familiar with them. These companies are more driven by the need to protect their shareholders’ interests than by paying victims for the damages they have suffered. To get a chance at compensation despite the defenses put forth by insurance companies, you must contact a personal injury lawyer in Florida today.