From 2021 to 2022, workplace violence resulted in 57,610 injuries. Workers’ compensation may help cover your medical costs and time off work when you’re hurt. But what if the company uses an insurance defense tactic that allows them to deny your claim?
In California, one of these insurance defense strategies is to claim you were the initial aggressor. What does this mean for you? Is there a way to counter aggressor claims that result in your benefits being reduced or denied altogether?
Let’s dive in deeper and discuss the initial aggressor claim used by insurance companies.
How Do Insurance Companies Use the Initial Aggressor Claim in California?
The initial aggressor claim is often employed when an insurance company believes it can argue that your actions provoked or initiated the incident in question. They may use these defense tactics for insurance companies to cast doubt on your credibility and undermine your case, potentially leaving you with limited options for recourse.
By doing so, they aim to avoid liability and reduce the amount they have to pay out on your workers’ compensation claim. This tactic can be used to deny coverage entirely or diminish the compensation owed to you.
Understanding how insurance companies leverage the initial aggressor claim is crucial for anyone navigating an insurance dispute in California. It’s essential to be prepared for this tactic and to know how to counter it with solid evidence and legal support.
How to Establish You Were Not the Initial Aggressor
Facing an initial aggressor claim from a workers’ comp insurance company can be daunting. However, there are ways to counter this tactic and establish that you did not initiate the altercation.
Show You Responded in Self-Defense or in Response to a Threat
Remember, the insurance company can say you were the initial aggressor, but they also need to prove it. You’ll also have the opportunity to defend against this type of claim.
One way to do that is to show that you were not the initial aggressor but responded in self-defense or in response to a threat.
Witness Statements
Accounts from individuals who witnessed the events unfold can provide crucial insight into the situation.
Witness statements carry weight because they offer a third-party perspective on what transpired. Their unbiased recollection of the incident can help establish your innocence and support your version of events. Having multiple witnesses corroborating your side of the story strengthens your defense against the initial aggressor allegation.
In cases where there are conflicting narratives, witness statements become essential in painting an accurate picture for the court or insurance company to consider. Providing credible testimonies that align with your account can significantly bolster your defense strategy and refute any claims of being the initial aggressor.
Photo and Video
Visual aids provide concrete proof of the events that transpired and can help establish your innocence in the situation. Visuals can speak volumes in court, whether it’s surveillance footage, images from a bystander’s phone, or even pictures of injuries sustained.
Capturing the moment through photos or videos clearly depicts what occurred during the incident. This evidence can support your version of events and counter any claims made by the opposing party. Additionally, videos showing actions leading up to the alleged aggression can provide crucial context to justify your response.
Aggressive Act Was Unintentional or an Accident
If you find yourself in a situation where your actions are being questioned as the initial aggressor, demonstrating there was no intent to harm can significantly strengthen your case.
Accidents happen, and sometimes situations escalate quickly without any premeditated aggression. By providing evidence or witness statements that support this narrative, you can establish that your actions were not driven by malice but rather by unforeseen circumstances.
Claim Insurer Misinterpreted Policy Language
Facing an initial aggressor claim from your insurance company can be frustrating, especially when they misinterpret policy language. Reviewing your policy thoroughly and understanding the terms to counter this tactic effectively is essential. Sometimes insurers might twist the wording in their favor, but you have the right to challenge their interpretation.
If you believe the insurer has misunderstood or misrepresented the language in your policy, gather evidence to support your position. Consult with workers’ compensation attorneys specializing in insurance defense cases to ensure you successfully navigate this complex situation.
Show the Other Party Responded with Excessive Force
What if you were the initial aggressor? You may still be able to recover partial benefits.
It could weaken their argument if you can prove the other party responded with excessive force. As such, you should gather evidence to establish that the other party used more force than necessary to defend themselves.
For example, if someone pushed you away when you tried to grab their phone, but they then punched and kicked you while you were on the ground, this could be considered excessive force.
You Attempted to Withdraw from the Fight
If you tried to walk away or otherwise de-escalate the situation before it turned physical, this can support your defense. Even if you started a fight, you may still be able to avoid liability by proving that you tried to stop it.
For example, if someone threatened you and demanded money, and you pushed them away before they began physically assaulting you, this could indicate that you attempted to withdraw from the fight. This would weaken any claims that you were the initial aggressor and could help establish self-defense.
You may also be able to receive benefits for injuries received after you attempted to withdraw.
Let Us Fight for You Against Insurance Defense Strategies
Facing an initial aggressor claim from an insurance company can be challenging. However, with the right evidence and legal support, you can effectively counter this insurance defense tactic and ensure that your rights are protected.
At Solimon I Rodgers, P.C., we’ve been helping injured workers across Southern California for years. We’ve helped recover millions of dollars for our clients and are ready to provide you with the support you need. Schedule a consultation to discuss your case or call us at (844) 774-3577 for immediate assistance.
