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Personal injury law allows a person to be compensated for damages caused by another’s negligent or intentional acts. The personal injury defense attorney’s role is to assess the validity of a claim against an insurance company and an insured client, and then determine their level of negligence and degree of culpability. A negotiation process typically resolves a dispute in a more expedient and less costly manner than litigation. However, if a settlement is not reached, an insured’s case may benefit from a courtroom trial. Various scenarios give rise to personal injury claims. The outcome is guided by the provisions of the insured’s policy coverage.

At Buchanan & Buchanan, P.A., we are Advocates for the Accused

Our practice as insurance defense attorneys consists of legal counsel for insurance companies and their insured, the interpretation of insurance policies, and the resolution of coverage disputes. We defend the insured and the insurer in various legal disputes and for many different industries. We aggressively protect our clients’ rights, and have extensive experience in negotiations, arbitration, and civil courtroom trials.

A personal injury claim must have four distinct elements present: duty of care, failure to exercise reasonable care, causation, and the presence of damages. Failure to establish one or more elements of a claim can relieve the insured and the insurance company of any liability.

It is in the best interest of the insured and the insurer to seek all avenues of defense. The following are examples of common defense strategies:
  • Personal injury claims are often excessive and can be challenged. Compensatory damages can be over-estimated, such as costs for pain and suffering, loss of future wages, and an over-stated diagnosis and prognosis of a claimant’s injuries.

  • Comparative negligence of the claimant is an effective defense strategy to minimize liability. The actions of the claimant can limit an insured’s responsibility in a claim..

  • There may be evidence that an insured did not owe a duty of care to a claimant. An example may be a claim against a store owner for injuries that occurred when a customer entered an area marked a construction zone.

  • Pre-existing medical conditions of a claimant can impact the liability of an insured. It is essential to determine the severity of pre-existing conditions. A claimant’s case can be minimized or denied if evidence proves that the accident in question did not exacerbate a claimant’s medical condition.

Buchanan & Buchanan, P.A. has earned the Reputation of Achieving Outstanding Results for Insurance Defense Claims.

Our law firm represents insurance companies and their insured for personal injury, wrongful death, and property damage. We are adept in all stages of litigation and importantly, we are seasoned trial attorneys both in state and federal courts. With 100 years of combined experience, we are well-versed in substantive law and the procedural process associated with insurance defense. We remain current on the evolving policies and case law in insurance policy provisions. Our law firm takes pride in offering exceptional legal services, emphasizing accessibility, dependability, and personal attention to our clients’ individual needs.

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