Make A Great Impression In The Courtroom

Understanding Lawsuits In Personal Injury Cases That Involve Acts Of God

21 January 2015 by Richard Ramirez

No matter your religion, you still may have to someday deal with what insurance companies like to call an "act of God." You may know the term from hearing about insurance claims in cases of wild weather or earthquakes. However, the term also applies to personal injury claims.

What is an Act of God?

An act of God, or force majeure, is a real legal term that usually means an act of nature that's inevitable. It's something you couldn't have done anything about and could not have prevented. A little imagination should alert you to the fact that these categories can range widely. They also come with any number of defenses for and against them in regards to your person or your property.

In tort law, which governs personal injury cases, an act of God is a defense used to completely indemnify someone for actions that led to injury or destruction. This can work in your favor if you're the defendant. If you're the plaintiff, then you need a highly knowledgeable attorney on your side.

For example, if another vehicle strikes you during an extremely bad winter storm, who is at fault? You would say the driver for driving recklessly. The driver will say the weather conditions caused the car to careen out of control. After all, some winter storms can literally take down houses, so it's not crazy to think that one can toss a car around through no fault of the driver.

The thing that throws the whole thing in doubt is personal liability of those involved.

• Why were you outdoors when you knew the state of the weather?
• Why was the driver driving in such dangerous conditions?
• Was it really the weather that caused the driver to veer off course?
• Were either of you sober or in your right frame of mind?

You see, even if the other party says an act of God caused the accident, it's still very possible that other factors could have created the incident. An accident was likely foreseeable in such conditions. It takes a personal injury lawyer, like those at Vaughan & Vaughan, to find the underlying cause of the situation on your behalf. Conversely, it takes such a lawyer to adequately present the act of God defense.

Don't automatically assume that your injury or property damage occurred just because of something beyond your control. If another person or group was involved, then you should ask a lawyer before making an assumption.

Share

Search