An injury that is catastrophic may wipe out the finances of even the most affluent family. Specifically, losses such as lost wages, hospital bills, and other damages can accrue rather fast. Those who sustained injuries due to the negligence of another should expect that the careless driver’s insurance carrier will cover at least a portion of his or her damages. While this may be the case, defendants usually take all measures to try and lessen the damages being sought. One popular defense is known as the “Act of God” defense, also known as force majeure, which asserts that the defendant was not responsible for causing the accident due to some unseen event. In essence, that an Act of God was responsible for causing the crash.
What is the Act of God Defense?
An Act of God is considered a phenomenon that results from natural forces that cannot be stopped with foresight or due care.
How Does the Act of God Defense Arise in a Personal Injury Matter?
An insurer may try to assert this defense if a natural disaster occurs, such as an earthquake, flood or hurricane that caused or continued to a crash. Also, defendants may raise this defense if they experience an unforeseen medical emergency such as a stroke or heart attack that causes them to be involved in an accident. This defense is also referred to as the “sudden medical emergency defense.” While this seldom works in many states, it may be useful in a case where a driver loses control of a vehicle after experiencing symptoms from a previously undiagnosed medical condition.
Giddens Law Firm Fights the Insurance Companies “Act of God” Defense in Mississippi Personal Injury Cases
Just because a defendant or insurer attempts to raise the Act of God defenses, this does not mean that they will be successful. When evaluating and deciding whether this defense is viable, you should ask the following questions:
- Was the natural phenomenon that caused injuries foreseeable?
- How many times has this natural phenomenon occurred?
- Was the defendant negligent in that it was the proximate cause of injury?
Free Consultation to Learn About Your Legal Rights to Full Compensation!
If you or a loved one is in need of legal assistance, call Giddens Law Firm, P.A. at (601) 355-2022 or Toll Free at (888) 335-2022. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds.
In many cases, a lawsuit must be filed before its expiration date, known as a statute of limitations. Please call call Giddens Law Firm, P.A. at (601) 355-2022 or Toll Free at (888) 335-2022 right away to ensure that you do not waive your right to possible compensation.